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My husband walked out of our home in January, he has never returned. He does pay the mortgage, and our health care.

Asked over 2 years ago - Lynn Haven, FL

During the months of March,April, May and June my husband agreed to and went to counseling with both of us agreeing our goal was reunification.

He stopped counceling, has refused to speak to me, and I received a letter from an attorney stating she had been retained as his attorney.

I am a one year breast cancer survivor and need insurance desperately, what are his obligations to carry/pay for this insurance.

Since it was my impression that we were trying to reunite, I have not made it a priority to get a job, and have no insurance of my own.

What can I expect in terms on time I will have to get my life in order?

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Attorney answers (2)

Eliza Navarro Bangit

Reputation Level 5

Answered over 2 years ago. Estate Planning Attorney in Gaithersburg, MD.

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In response to your health insurance question...What are your husband's obligations to carry/pay for your insurance?

From your note, it sounds like you get employer-sponsored insurance as a dependent through your husband's employer. A "dependent" generally means spouse and children. Upon divorce, you will no longer be a "spouse" so you will lose the "dependent" status and will no longer qualify for your ex-husband's group health plan. You will, however, have an opportunity to continue in the same group plan for 36 months through COBRA (if COBRA is not available based on the size of your husband's employer, then FL continuation coverage for 18 months). Downside is that you will have to pay 100% of the premium plus 2% administration fee. This is likely to be cost-prohibitive.

Your husband could also chose to drop you from his employer-sponsored insurance without telling you (prior to the divorce). However, the employer is required to send you notice of your COBRA or FL continuation rights (as described above). Again, you will have to pay for the full premium out-of-pocket.

I hope this answers your question.

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Douglas Ron Coenson

Reputation Level 14

Answered over 2 years ago. Estate Planning Attorney in Jupiter, FL.

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The previous answer is correct in regards to COBRA and Continuation of Coverage. The other option, although it will also be a costly one, is that if you have had continuous coverage through your husband for at least 12 months, under HIPAA you can obtain individual insurance; it is guaranteed and pre-existing condition clauses cannot be enforced. In order to qualify for the guranteed insurance, you cannot experience a gap in coverage of over 60 days so it is important you act quickly if you are left without insurance. Unfortunately, premiums for guaranteed individual insurance tend to be very high. Good luck to you.

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