Medical Insurance
Can a spouse be covered by an ex-spouse’s medical insurance plan?
Generally, a former spouse can remain on the policy until the divorce is finalized, but some plans terminate coverage immediately upon separation. Some plans cover ex-spouse until a divorce order, court order, or a separation agreement. Courts may order one spouse to maintain the other on their health insurance plan for a certain period, especially if the other spouse has limited or no access to comparable coverage. If a spouse loses access to insurance, the other spouse may need to purchase private health insurance for their ex-spouse. This obligation ends when the spousal support obligation ends.
What if they have children?
If both parents have health insurance, coordination of benefits continues with the bills going through the parent’s whose birthday comes first in the year. This means that the plan of the parent with the earlier birthday pays first. The remaining unpaid amount is then put through the other spouse’s insurance plan.
What are the rules for sharing costs?Â
Parents may be ordered to share the cost of medical and dental insurance premiums and eligible expenses exceeding a certain threshold, like $100 annually.Â
What is the 60-day time limit?
You may only have 60 days to switch to a new plan if your ex’s is no longer covering you. After 60 days, your pre-existing health conditions may not be covered.
What options exist for reimbursement from insurance companies?
Often cheques are issued in your ex’s name even though you paid for the expense. Sometimes issue companies will issue a cheque to the ex-spouse. A joint account for deposits from the insurance company is another possibility. If the situation is high-conflict, be sure to have clauses in your court order or separation agreement with a clause for how reimbursements will be handled.