Can I Stay on my Spouse's Health Insurance Once a Divorce is Commenced?

SHORT ANSWER: YES

All Summonses for a Divorce commenced in the State of New York must contain the following provision:

NOTICE RE: HEALTH CARE COVERAGE

YOU ARE HEREBY PUT ON NOTICE THAT ONCE A JUDGMENT OF DIVORCE IS SIGNED IN THIS ACTION, A PARTY HERETO MAY OR MAY NOT BE ELIGIBLE TO BE COVERED UNDER THE OTHER PARTY’S HEALTH INSURANCE PLAN, DEPENDING ON THE TERMS OF THE PLAN.

Your spouse cannot remove you from their health insurance plan during the proceedings for a divorce. Once, however, a Judgment of Divorce in your case is granted, the spouse may remove you from the plan and in fact you may no longer be covered under the plan once divorced depending on the terms of the plan.

Both parties must sign a statement in compliance with Domestic Relations Law §255, that they were advised prior to entering into a Settlement Agreement that they are aware that they may no longer be covered by their spouse’s health insurance plan after the entry of the Judgment of Divorce, and that the individual may be responsible for his or her own health insurance coverage.

This does not and cannot serve as legal advice. The answers only apply in the State of New York. You are advised to speak with an attorney.

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