Can I put my new wife on my insurance?

[ptex]

What is the name of your state (only U.S. law)? NH

My divorce decree says I shall pay for my ex wifes health insurance for 3 years. Im now remarried, with a year and a half left in the 3 years. Will I still pay for her health insurance for two more years or will this law RSA 41518, VII b override the decree?

You may be able to continue coverage through a new law (RSA 415:18, VII b) that became effective on January 1, 2008 that allows a former spouse to continue coverage on the subscriber employee’s group health insurance policy for up to three years following the final decree of divorce. The law applies to both medical and dental coverage. Under the provisions, of the new law, a former spouse remains eligible for coverage until one of the following events occurs, whichever is earliest:

1) Three (3) years from the final decree of divorce or legal separation;
2) Remarriage of either the covered employee of the former spouse;
3) Death of the covered employee; or
4) Such earlier time as provided in the final decree.

The former spouse has the right to continue coverage under this law only for so long as the employee subscriber maintains coverage under the same group health insurance plan. If the employee is terminated or leaves employment, the former spouse’s eligibility is not transferrable to the new employer.

Unlike COBRA and New Hampshire’s continuation coverage statute which allows additional premiums to be charged, the insurers are required to make the health insurance coverage available without additional premiums as if the divorce had not occurred. This is a key aspect of the law, since often times COBRA premiums are cost prohibitive and unaffordable to the family member who needs to continue coverage. Additionally, the employer is required to continue to contribute to the former spouse’s coverage as if the divorce had not occurred. The court may assign or the parties may agree as to how the employee’s portion of the premiums will be paid, either by the employee, by the former spouse, or shared by the parties.

As a caveat, the law applies only to group health insurance policies, and employer plans that are self-insured are not subject to the law’s continuation requirements. Several large private and state and federal government employers, such as Wal-Mart, Fidelity, and the State of New Hampshire, are self-insured and so those with former spouses who work for these self-insured employers will not be able to continue coverage under RSA 458:18, VII.

This new law supplements the COBRA benefits and continuing coverage statute that are all ready in place. If a former spouse is not eligible, e.g. remarriage of either party or the court has not allowed coverage under this statute, COBRA benefits may still be available to provide health insurance coverage.

My decree reads, I shall cover her under my group employer sponsored health care plan for a period of three years.

 

[cbg]

Does your decree give you permission to drop your ex-wife's coverage if you re-marry within the three years? Because if it doesn't, you will still be responsible for her COBRA even under the law you have quoted.

 

[ptex]

Does your decree give you permission to drop your ex-wife's coverage if you re-marry within the three years? Because if it doesn't, you will still be responsible for her COBRA even under the law you have quoted.

No.

And remarriage is not a qualifying event for COBRA. COBRA recognizes divorce as a qualifying event but the application must be filed within 60 days form one day before the qualifying event.

 

[cbg]

If you drop your ex-wife from the existing coverage because you added your new wife, her loss of coverage can be considered a QE for COBRA.

I do this for a living.

 

[adjusterjack]

Can I put my new wife on my insurance?

You asked that question but didn't go into it in your post.

Yes, you can put your new wife on your insurance as a dependent but you'll continue to pay for your ex-wife's COBRA coverage.

 

[LdiJ]

You asked that question but didn't go into it in your post.

Yes, you can put your new wife on your insurance as a dependent but you'll continue to pay for your ex-wife's COBRA coverage.

And Cobra coverage is generally pretty darned expensive. You might be better off getting your new wife coverage in some other manner until you are done with covering your ex.

 

[adjusterjack]

And Cobra coverage is generally pretty darned expensive. You might be better off getting your new wife coverage in some other manner until you are done with covering your ex.

The ex-wife's policy is likely a separate policy in her own name but with the same company and same coverage as she had when a dependent on the OP's policy.

His new marriage would allow him to add the new wife on his own policy as a dependent which might be less costly (at group rates) than getting the new wife a policy of her own.

On the other hand, if the new wife is employed she might get lower rates at her job as employee only.

 

[cbg]

The ex-wife's policy is likely a separate policy in her own name but with the same company and same coverage as she had when a dependent on the OP's policy.

You think so? I don't. In all the years I've been doing employee benefits, I have only once seen an employer do it that way, and it's so unusual I've had other Benefits people refuse to believe me when I told them about it. It is far, far more likely that the ex-wife is still listed as a dependent on the OP's policy. There cannot be two spouses listed, so in order to cover the new wife the ex-wife has to be dropped. You really don't know employee benefits, AJ - it doesn't do you any good to guess.

However, the fact remains that his order does not appear to give him the right to stop covering his ex in the event of remarriage - he is bound to cover her regardless. At least, he hasn't said so if it does, and I asked him about it right in the first response. So regardless of what he does, he still has to find coverage for his ex whether it's through COBRA or out in the marketplace.