Legal Question in Family Law in Florida
divorce
I'm on ssi disability,and am required to take alot of prescriptions. Can the judge order my husband to keep me on his group insurance after the divorce? And will the insurance co. Allow it?
2 Answers from Attorneys
Re: divorce
This falls under COBRA laws. COBRA gives you up to 18 months after the divorce to stay on the plan you were on through your employee/spouse. It "allows" you to stay on the plan. However, it does not force the employee/spouse to pay the premiums. That would indeed be the court's decision. The court can order your husband to pay the premium if that's appropriate. Also, because you are disabled, you might be entitled to alimony regardless of the length of the marriage. This alimony could include the insurance coverage you need. Of course, alimony also depends on the other spouse's ability to pay...
Re: divorce
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Under Federal Law, COBRA allows your ex husband (or yourself) to keep you on the insurance plan for up to 18 months after the divorce. It would be up to the court in the divorce to decide who should be responsible to pay for the insurance premiums.
Scott R. Jay, Esq.