Can you Get Medical Insurance Benefits After Divorce?

Posted By Menduni Martindill || 15-Mar-2013

If you are currently benefitting from your spouse's medical insurance benefits, then you may need to do some research to determine whether or not you will be able to continue receiving those benefits after the marriage has been severed. Under federal law, you may be entitled to keep your medical insurance benefits. This is according to the Consolidated Omnibus Budget Reconciliation Act of 1985 which was created to protect former spouses.

This Act, often referred to by the acronym COBRA, is available for use by former spouses of people who work for employers that have 20 or more employees. This means that extremely small business employers may not qualify for COBRA benefits. Employers of these larger companies are required to offer continuation coverage for the first three years to a spouse of an employee after the marriage has been terminated. Employers can charge the former spouse for this type of coverage if they see fit, but not more than 2% of what is charged to employees for the benefits.

If you believe that you qualify for COBRA benefits, then you will want to contact your former spouse's company directly and explain that you would like to continue being a recipient of the insurance benefits that are offered. You will probably need to fill out some forms, and may need to file your application promptly. In Texas, you must have this application filed by 60 days after the official dissolution of your marriage in order for it to be considered valid.

If you miss that deadline then you will not be allowed to experience the benefits of the insurance any longer, and the company will have no legal obligation to include you. If you want more information about this arrangement, then talk to a local family lawyer today. The Austin divorce attorneys at Menduni Martindill may be able to help you and protect your rights during your case.