Vacanti | Shattuck | Finocchiaro Attorneys

Can I Stay On My Ex’s Health Insurance Plan After We Divorce?

In Nebraska, we have a rule that the parties remain married for six months after the court signs the decree, for the purposes of maintaining health insurance for each other. If the husband has health insurance through his employer and his wife has been on that insurance plan, the law in Nebraska is that the wife can remain on that policy for six months after the divorce has been signed by the judge. In addition to that, there is a federal law that allows a former spouse to remain on an insurance policy for 18-36 months. The cost is more significant than remaining on as the spouse but there is an opportunity to remain insured after the time expires to remain on the policy as the spouse of the other party.

Can My Soon To Be Ex Remove Me As Beneficiary Of Their Life Insurance Policy?

If you are still married, you would have to consent to being removed as the beneficiary to the insurance policy. Once the divorce is finalized, unless there is a provision in the decree that requires the ongoing coverage as a beneficiary under that policy, the spouse would be able to remove you from the policy.

Am I Eligible For A Portion Of My Ex Husband’s Social Security Benefits And Retirement?

If you are a divorcing couple and you want to receive some of your ex-husband’s social security benefits, there are a couple of requirements.

  1. You have to have been married for at least 10 years.
  2. You have to be unmarried. If you get remarried, you are not going to qualify for any benefits.
  3. You have to have attained the age where you can receive your own social security benefits
  4. Your ex-husband has to now be in the period where he is qualifying to have his social security benefits paid out.
  5. The amount that you would receive has to be less than what you would receive from your own social security benefits.

What Other Concerns Might I Have When Approaching a Divorce Later in Life?

A divorce later in life is tough, just like a divorce early in life is difficult. While every case has similarities, every case also has its own unique issues. The best advice is to find a good lawyer who you are comfortable with and work through the issues with your lawyer because there are going to be unique issues in your case that are going to need attention.

For more information on Health Insurance Plans And Divorce Issues, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (402) 235-6070 today.

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