Will I be covered by health insurance for my wife after the final judgment of divorce?

Rhode Island Rhode Island has approved the Health Insurance Act Continuation. This act allows a person to remain in their ex-husband or ex-wives of health insurance after the final judgment of divorce.

Unfortunately, this measure was watered down by the recent decision by the District Court of Rhode Island. Duclos's case against General Dynamics Corp., 12 EBC (BNA) 2648 (DRI 1990) stands for the proposition that the Rhode Island Health Insurance Continuation Act is interrupted by ERISA. ERISA is a federal law. Under common law, if a federal law and state law relate to similar topics, federal law can prevent state law. The Federal Preemption Doctrine is "a doctrine in law that allows federal law to take precedence over or move a state law in certain matters of national importance (such as interstate commerce)" Dictionary.com

Duclos v. General Dynamics Corp., 12 E.B.C. (BNA) 2648 (DRI 1990) has determined that the "Rhode Island statute that requires certain divorced spouses to be granted continued health coverage without additional premiums was interrupted by ERISA ..." Quote from Charles Shulman, Esq. "EBEC (Employee Benefits / Executive Compensation) needs updating"

Despite the ruling Duclos, many employers allow Rhode Island to a former spouse to remain on the health insurance coverage after the final judgment of divorce. Many employers are prohibiting from cover former spouses after the final judgment of divorce custody case on Duclos. My understanding is that the Blue Cross BlueShield of Rhode Island allows a former spouse to remain on the health insurance after the final judgment of divorce.

During the pendency of the divorce, the parties should determine the policy of the employers and the procedures relating to the continuation of coverage after the final judgment of divorce. If possible, you should check the company policy in writing by the Company benefits administrator. The obligations of Rhode Island based company to comply with the Health Law Rhode Island Insurance Continuation beyond the scope of this article.

If one spouse is the spouse or his former insurance then the following language should be and must be recorded in the hearing Rhode Island divorce and be commemorated in the nominal decision pending entry of final judgment, and the final judgment of divorce:

"The defendant provides the plaintiff with health insurance and dental insurance under the Health Law Rhode Island Continuation of insurance."

This language must be recorded and commemorated in the decision and pending the final judgment of divorce even if the employer will be the removal of the spouse after the final judgment of divorce!

The language described above incorporated in the final judgment of divorce is generally interpreted by the courts of Rhode Island Family Court in the following sense:

1) If there is an additional cost beyond the cost of a single plan for the former spouse to remain covered by health insurance plan then the former spouse must pay the additional amount or he / she may be removed from the insurance healthcare.

2) If the person with health insurance, lose your job, or go to another employer, then the former spouse may lose health insurance coverage.

3) If a party (husband or wife) remarried former spouse who could lose health insurance coverage.

It's usually a good idea to put on record specifically in nominal divorce hearing, that the former spouse is required to pay any additional premium beyond the cost of a single plan or will be removed from the insurance. These problems can cause confusion if the cost for a family plan includes the children and there are no fees for the spouse. Please consult with a Rhode Island Divorce Lawyer on these issues.

The Rhode Island Health Insurance Continuation Act RIGL 27-20.4-1 states:

"In the case of a final judgment of divorce, absolute or otherwise, in which a party to the divorce was at the time of the divorce decree a member of a health plan that provides coverage *** family of the person who was the spouse of the party before the entry of judgment of divorce may continue to remain eligible for benefits under the plan maintenance and health organization, without additional premium or examination if the order is included in the judgment, when entered. L ' eligibility must continue until the original member is a participant in the maintenance plan or the organization of health and as long as one of the following occurs: (1) the marriage of either party to the divorce, or (2), until recently, as required by the divorce decree. If the person [receive health care benefits continue] *** becomes eligible to participate in a similar plan or health maintenance organization through employment, his own, the continuation of coverage plan Original will cease. " Section
27-20.4-1 (a). (Emphasis added.)

The Rhode Island Supreme Court has interpreted the Rhode Island Health Insurance Act continually v. L'Heureux L'Heureux: "The clear and unequivocal 27-20.4-1 requires that the benefits to health insurance, when provided in a final decree of divorce, still at no cost to the former spouse of the participant in the plan until the plan participant is still a member of the plan and up (1) one party remarries, or (2) a time provided by the judgment of divorce. Moreover, the continuation of the original plan coverage is lost when the former spouse becomes eligible to participate in a health plan comparable, through his own work. "

What are some of the health insurance options available to former spouses after the final judgment of divorce in Rhode Island?

Heath COBRA insurance can be a useful option for former spouses after the final judgment of divorce. "Under COBRA, employers must offer the possibility of health insurance coverage continues to group rates to qualified employees and their families facing the loss of coverage due to certain events." Congress CRS Report Coverage Continuation of health insurance in March 2005 "... When the qualifying event, however, divorce is a covered employee or legal separation, COBRA coverage for a period of thirty-six months."

"COBRA requires that employers provide their employees health coverage must provide continuation coverage to employees and their families who would otherwise lose coverage under the plan of the employer after a qualifying event qualifiers are:. (A) to an employee covered divorce or legal separation .... Once you experience a qualifying event, employees covered, your spouse, dependents or looking for COBRA coverage must elect this coverage within 60 days the qualifying event occurs and must pay the required premiums. "Marsha Zolla, health and family law ......