A question that people often ask me is, “When I get divorced, will I still be covered under my spouse’s health insurance?” The answer is usually, no. When two people get divorced, they are no longer considered spouses under the definition of the health insurance requirements. Therefore, you can no longer continue to be covered. However, depending on your spouse’s employment, there may be an option for you to enroll in what is called COBRA coverage.
There is something else called the divorce from bed and board which allows health insurance coverage to be extended to a spouse beyond the date of the judgement. It is the closest thing New Jersey has to a legal separation. In most cases, people are required to obtain their own, individual health insurance after the divorce complaint is entered. Please note that during the period that your divorce is pending, your spouse will still be required to continue your coverage until the day that you actually get divorced.
Paris P. Eliades Law Firm, LLC represents clients from Sussex, Morris, and Bergen County facing divorce and family law matters. If you need our quality legal services, contact our Sparta office for a free consultation.