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Medical Insurance Benefits & Divorce

If you are getting divorced, you may still be entitled to keep your medical insurance benefits under your former spouse's group plan. With the new laws surrounding medical insurance in our nation, it is very important that you have a plan for securing medical insurance post-divorce if you were previously on your spouse's plan. The Consolidated Omnibus Budget Reconciliation Act of 1985 created COBRA benefits, which are available to the former spouses of people who work for employers that have 20 or more employees.

Employers must normally offer continuation coverage to individuals for the first three years after the divorce. Normally, employers have permission in Texas to charge a former spouse for this coverage, but the charge cannot be more than 2% greater of what is charged to employees To obtain COBRA benefits, you should contact your former spouse's employer and request the appropriate forms so that you do not lose your medical coverage. It is required that you file your application within 60 days of the termination of your marriage. If you miss that deadline, you will not be able to get these benefits, so don't hesitate to contact a Plano divorce attorney the firm promptly for more information.