So many times my clients ask when they can remove their soon to be ex-spouse from their health insurance, or conversely, when their soon to be ex-spouse may remove them. The answer is always the same, upon entry of the Judgment of Divorce.
Pursuant to Domestic Relations section 255, a New York state court, prior to signing a judgment of divorce or separation or a judgment annulling a marriage or declaring the nullity of a void marriage, shall ensure that:
1. Both parties have been notified, at such time and by such means as the court shall determine, that once the judgment is signed, a party thereto may or may not be eligible to be covered under the other party's health insurance plan, depending on the terms of the plan. Provided, however, service upon the defendant, simultaneous with the service of the summons, of a notice indicating that once the judgment is signed, a party thereto may or may not be eligible to be covered under the other party's health insurance plan, depending on the terms of the plan, shall be deemed sufficient notice to a defaulting defendant.
2. If the parties have entered into a stipulation of settlement/agreement on or after the effective date of this section resolving all of the issues between the parties, such settlement/agreement entered into between the parties shall contain a provision relating to the health care coverage of each party; and that such provision shall either: (a) provide for the future coverage of each party, or (b) state that each party is aware that he or she will no longer be covered by the other party's health insurance plan and that each party shall be responsible for his or her own health insurance coverage, and may be entitled to purchase health insurance on his or her own through a COBRA option, if available. The requirements of this subdivision shall not be waived by either party or counsel and, in the event it is not complied with, the court shall require compliance and may grant a thirty day continuance to afford the parties an opportunity to procure their own health insurance coverage.
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Therefore, in all divorces it is necessary for parties to understand that upon entry of the Judgement of Divorce, each spouse will no longer be covered by the other's health insurance, but may have a COBRA option available.
Are you concerned about health insurance as an issue in your divorce matter? Contact our office to speak with an attorney.
