soon to be ex agreed to keep me on company medical/dental insurance and now his lawyer is saying that he can't. Is this correct? I am currently unemployed and need to have the medical insurance until I have a job with benefits.
I disagree in large part with Paula's reply to you. It is very likely that you may qualify for COBRA coverage. If that is the case, the employer must offer that, and, if you require him to pay that in the divorce papers, you'd have insurance for a while.
It bothers me that you appear to be talking to his lawyer. That is always a disaster at best. You need to have your own counsel.
It all depends on the company's and insurance company's policies. You need to make an independent inquiry with the insurance company. A simple phone call may answer your question.
Keep in mind that once you are divorced, you are no longer a member of the immediate and may not qualify under the insurance agreement. An alternative to staying on your husband's insurance is having your own medical insurance with similar coverage. You can call around and price the insurance. Once you obtain the prices, You should consider negotiating with your husband to have him pay for your coverage as part of your divorce decree/propery division/alimony. One of the downsides to having new coverage is the pre-existing condition exclusion.
This response does not create an attorney-client relationship. In most family law cases, it is better to have an attorney to advise you on matters and negotiate a settlement that fits your needs.
I just wanted to clarify my answer. As stated in my previous answer, calling your husband's provider would let you know if you can stay on the policy. Indeed, here is the section that requires them to give you information on whether you can stay on the policy ---- "After being notified of a divorce, the plan administrator must give notice, generally within 14 days, to the qualified beneficiary of the right to elect COBRA continuation coverage."
So, I'm not sure why the other attorney objected to you contacting the provider. Under the law, they are requried to let you know about their policy. If COBRA is not applicable under the circumstances, there may be an alternative.
Again, if COBRA is not available, my other suggestions may apply.
