California Laws: How Long Can an Ex Stay on Your Insurance?

If you have employer-sponsored health care coverage, typically purchase coverage for your dependents at a reduced rate. However, in most cases, your ex-spouse can't remain on your health insurance policy as a dependent when you get a divorce. Though she can remain on your policy during the proceedings, she will need other coverage when the divorce is final.

During the Divorce

• In California, your spouse can remain on your health insurance policy until the date the divorce becomes final. Filing for dissolution of marriage or becoming legally separated will not affect her coverage. However, because her insurance coverage will end when the divorce is final, she should look for a new policy early in the divorce proceedings. Some couples may opt to delay filing for dissolution of marriage until a dependent spouse has found her own health insurance policy.

COBRA

• The Consolidated Budget Reconciliation Act is a federal law that applies to employers with group health plans that cover at least 20 employees. Under this law, your employer must continue to offer insurance coverage to your ex-spouse for 18 months after your divorce. However, she will be responsible for paying the premiums. To qualify for COBRA, your ex-spouse must tell your employer within 60 days of the divorce that she wishes to remain on the policy.

Cal-COBRA

• California applies a law similar to COBRA to all employers with group health plans that cover at least employees. Under this law, employers must continue to offer coverage to your ex-spouse for 36 months after the divorce is final. If your employer's group health plan covers less than 20 employees, your ex-spouse can obtain Cal-COBRA coverage for 36 months. However, if your employer's group health plan covers 20 employees or more, your ex-spouse must apply for 18 months of COBRA coverage followed by 18 months of Cal-COBRA coverage.

Considerations

• If your ex-spouse doesn't have access to other insurance coverage, the court will consider the cost of health insurance premiums when dividing assets and determining spousal support. If your ex-spouse obtains COBRA coverage and is unemployed or has limited income, the court may require you to cover the premiums until she becomes employed or finds an affordable insurance policy.