I recently had a client call me in a panic because her husband threatened to remove her from his health insurance when he was served with the divorce papers. Once a divorce is officially filed in Superior Court, automatic orders are entered which are designed to maintain the status quo until the parties are divorced or they are modified by court order.  In that regard, one spouse cannot remove the other spouse from his or her health insurance absent court order.

Once a divorce is granted, the ex-souse can remain eligibile to participate on the other party's health insurance plan through COBRA (short for the Consolidated Omnibus Budget Reconciliation Act).  COBRA provides a vital bridge between health insurance plans for qualified workers, their spouses, and their dependent children when their health insurance might otherwise be cut off.  When a spouse notifies his or her employer of the divorce, the employer will send a notice to the family member on the policy informing them of their right to COBRA coverage. If you qualify for COBRA benefits, your health plan administrator must give you notice stating your right to choose to continue benefits provided by the plan.  Typically, you then have 60 days to accept coverage or lose all rights to the benefits.  Since COBRA benefits are meant to be short-term, the ex-spouse will want to consider securing another health insurance policy.  Keep in mind that often COBRA is very expensive.

If you have children and both parents have insurance coverage, it does not make sense to name children on both group plans and pay for two separate family coverages. If you can work through these issues amicably, the two of you should decide which group plan offers the best benefits for your children and put your children on that plan.  Remember that notices about changes in benefits and rules will be mailed to the parent who holds that plan, even if the other parent has custody.