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Can You Keep Your Spouse's Health Insurance After A Divorce?


Na temelju državnom zakonu, roditelji moraju osigurati pokrivenost zdravstvenog osiguranja za svoju djecu nakon razvoda. Dakle, gospodin Rempfer navedeno, važno je da Sud je razvod dekret jasno utvrđene, koji snosi odgovornost za nastavak pokrivenost zdravstvene zaštite djece. U savršenom svijetu, dijete će ostati na poslodavca-sponzorirane zdravstvenog plana, a time i ne biti predmet Cobra. U stvarnosti, ako zemljopis ili drugi jedinstveni obiteljskoj dinamici može donijeti ovo nepraktičan. U tom slučaju, postoji svibanj biti drugog izbora nego tražiti Cobra, i one dodatne troškove vezane uz COBRA bi trebalo rješavati u razvod dekretom.

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health insurance and divorce

There are many insurance issues that may be overlooked during the divorce, such as:

1 Is the husband still covered after the divorce? For how long?

2 Can one party to terminate health insurance coverage during the divorce?

3 What about health insurance coverage for children?

3 What about health insurance coverage for children?

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This is a common misconception that the spouse will still be covered under your former spouse's plan after divorce. In fact, the parties must be advised that from the date of the decree, the former spouse is not entitled to coverage.

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Any treatment incurred, although the doctor may treat you will return, charged at full rate, because the health insurance coverage ends on the day of dissolution. If you need any treatment, get it before the divorce is over, because you have coverage after that.

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Any treatment incurred, although the doctor may treat you will return, charged at full rate, because the health insurance coverage ends on the day of dissolution. If you need any treatment, get it before the divorce is over, because you have coverage after that.

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employment lawyer Andrew Rempfer, Esq. was talking about the possibility of continuation coverage after the divorce. G. Rempfer noted that it provides cover for the continuation of a former spouse is critically important to consider when crafting a divorce decree because the employer sponsored health plan may provide COBRA coverage, which usually costs 102% of the total premium costs, and expires after 36 months.

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Sometimes the party that carries insurance maliciously deletes the soon to be ex-spouse from the plan of the insurance company prior to the divorce decree. If the spouse who cancels insurance works for an employer with more than twenty full time employees, then the employer may be a violation of state and federal laws for allowing employees to remove a spouse from the employer's health plan before the divorce decree.

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g. Rempfer commented that, "Under state law, the IRS Section 125, and ERISA, an employer can not allow an employee changes (including termination of coverage), unless there is a COBRA" qualifying event. "COBRA qualifying event includes the end of marriage is to enter a divorce decree or legal separation. "in other words," Mr. Rempfer noted that "an employer may not remove a spouse from employer-sponsored health plan after divorce or legal separation is over." disrespect to these could make a plan in contravention ERISA and COBRA.

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