I was dropped from my ex-spouse's dental plan after 3 yrs of divorce. she dropped me during the companies open enrollment.
i wasn't notified or offered cobra by her employer. is this legal. the div decree says she must carry my health insurance...doesn't specifically spell out dental.
also if it is, shouldn't i have been offered cobra even tho the drop was during open enrollment?
2 attorney answers
Typically the Decree should include both health and dental. Under the RI Insurance continuation act she would be required to continue to carry you as long as her employer allowed her to do so and, if there were an additional cost you would pay the difference.
The court may or may not find that provision of dental insurance is her obligation to you when not specifically addressed in your decree. You might wish to petition for clarification.
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