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Court Ordered Coverage for ex-spouse

Human Resources ManagerHuman Resources Manager 188 Posts
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I was asked a question on behalf of an employee going through a divorce.

The EE is currently carrying his soon-to-be ex-wife as a dependent on his medical/dental coverage. She has stated that she will be seeking a court order for him to provide her with medical insurance.

Am I correct in thinking that if the court orders him to continue coverage for her that he will be able to keep her on his current plan as a dependent? Or, will he have to pay for COBRA continuation for her? x:-/
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  • LindaSLindaS 1,510 Posts
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    I have run into this situation before regarding an ex-spouse and was informed by our TPA that an ex-spouse is NOT a covered dependent. Their dependent coverage ends as of the final date of the divorce. If he is forced to pay for her medical coverage, it must be done as COBRA unless he purchases a separate plan for her.
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  • sandra_dsandra_d 136 Posts
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    Linda is correct - he will have to pay the cost of her COBRA coverage. If/when her COBRA coverage runs out, and he is still on the hook for paying for insurance coverage, he'll have to pay for a major medical policy, or if she works somewhere and has access to coverage, he'd have to reimburse her whatever she pays for the coverage.
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