1. 5527 POINTS
    Marlin McKelvy
    President, Consumer Directed Benefit Solutions, Memphis, Tennessee
    No, an ex-spouse is not longer viewed as a legal dependent once the divorce is finalized.  If you are covered under a group health insurance plan to which Federal COBRA guidelines apply (20+ employee companies) then an ex-spouse can exercise their right to continue the group's coverage for up to 36-months.  Of course, the ex-spouse of the employee on the group health plan is the one responsible for making the monthly premium payment to the employer or COBRA plan administrator so payroll deduction of premium for a COBRA continuee is not done (absent a court order to that effect I would presume).

    Generally the ex-spouse losing access the their former spouse's employment based plan has to get there own health insurance.  Making provisions for this is often addressed in the terms of the divorce agreement, though not as often as I would expect.

    Under the Affordable Care Act, divorce is a change of life status event allowing a person to purchase individual health insurance outside of the normal open enrollment period.  You have 60-days after the divorce is finalized in which to purchase new coverage either on the government marketplace or in the private marketplace.
    Answered on May 19, 2014
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