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Court order


Clements

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We have an employee going through a divorce, and her husband was under the impression that he was covered by her insurance here, though he has never been since she started working here 14 months ago. We're a small company, so I don't have a lot of experience with this, but I'm pretty sure that we're allowed to add the husband mid-year if we receive a court order that we must cover him.

The employee has asked me if she could subsequently drop him from coverage mid-year if she received a court order stating that she must. I suspect that it would be permissible, but haven't ever heard of a court order which states coverage must end. Is anyone able to share more information about this with me?

Thanks for your help, and happy new year to all!

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A court order is a valid reason to either add or drop someone from a plan. It might depend if legal separation is a status in your state - it is NOT in Florida. You are either married or divorced. If the divorce isn't final, there could be a court order to cover the person until it is final. Then, assuming you are over 20 employees the divorced spouse is entitled to 36 months of COBRA. If under 20, then it goes by the COBRA of that state.

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