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Providing men with essential divorce advice, fathers rights divorce information and child custody articles. Dads Divorce is a community for men facing divorce or fathers rights issues and run by Cordell and Cordell. Cordell & Cordell is a family law firm with a focus on men's divorce, child custody and fathers rights divorce.
Tags >> COBRA

Taking Advantage of COBRA During Your Divorce

Feb 17, 2011

By Jennifer Paine

Attorney, Cordell & Cordell

Read Related Article: Health Insurance and the 60-Day Divorce Rule

There are 5 steps you should take during your divorce to take advantage of COBRA.

Sixty days may be all the time you have after your divorce is finalized to request healthcare insurance coverage through your ex-spouse's plan.

If you’ve heard about Consolidated Omnibus Budget Reconciliation Act (COBRA) from your ex's employer, then there's a good chance this 60-day rule applies to you.

Follow these 5 steps to take advantage of COBRA:


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Health Insurance and the 60-Day Divorce Rule

Feb 16, 2011

By Jennifer Paine

Attorney, Cordell & Cordell

Read Related Article: Taking Advantage of COBRA During Your Divorce

Sixty days.

That may be all the time you have after your divorce to request healthcare insurance coverage through your ex-spouse's plan.

The Consolidated Omnibus Budget Reconciliation Act (COBRA) gives employees and their family members the right to continue group healthcare insurance coverage with the employer under certain circumstances, divorce being one of them.

If you've heard about COBRA from your ex’s employer, then there's a good chance this 60-day rule applies to you.


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Health Insurance Options Post-Divorce

Aug 11, 2010

By Jennifer M. Paine

Attorney, Cordell & Cordell

Two words are likely to strike dread in the pit of your stomach more than divorce – health insurance. Will you lose it? How can you afford it? Will your spouse have to pay for it? Will you have to pay for it? Who will pay for your children? And what if you are divorced and unemployed?

These questions are, for some of my clients, reasons to steer clear of divorce – why not remain unhappily married but healthy, rather than divorced and without health insurance?

But is staying married the right answer?


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QDRO, COBRA and Divorce

Dec 19, 2008
by Ken McRae, Cordell & Cordell, PC
 
Every field has its own set of abbreviations and acronyms. People who work in the field are comfortable using these terms but, to people who do not work in the area on a daily basis, the terminology is foreign. In domestic relations law two of the most common acronyms are COBRA and QDRO. The purpose of this article is to explain these terms and discuss how they are related to a divorce. The Consolidated Omnibus Budget Reconciliation Act (“COBRA”) includes a provision governing employer provided health insurance. The purpose of the provision is to allow employees to remain insured under the company’s health insurance after they cease employment with the company. The employer is not required to pay for the coverage; the employee pays the full premium even if the employer previously paid some or all of the premium. This insurance coverage is known as COBRA insurance. COBRA coverage is an important consideration in divorce cases where the family has insurance through one spouse’s employment.


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Ask a Lawyer: Widowed Dad/Spousal Maintenance

Nov 29, 1999

Question:

I was widowed 7 years ago: 3 Children 7,14,20 (Now) Married 5 1/2 years ago for less than 4 years. Have no children with second wife. Provisional 600 - Maintenance 600 - Rent Prescriptions - 250 average a month All Credit Card Minimum balance (20000 all in her name charged after seperation) Divorce dragging along with contempts, continuations etc. I am on my 3 and 4th final hearings. What rules of the court do I have regarding having 2 children (widowed) and she has none. Judge does not seem to care about me raising children since I make 79000 and she doesn't work. She applied for Social Security benefits and is supposed to have an appeal date soon. Won't disclose information. She is seeking 1100 a month in maintenance, COBRA and me paying her credit cards she charged when she left. I re-financed house before she left and we paid her credit card debt, she took 14000 cash. Seems I am being taken to the cleaners and I am about to lose my house that was mine for 5 years before her and I put her name on after a year of marriage. No equity in home. (120000 owed, 89900 fair market) There doesn't seem to be any laws to protect the widowed chidren and I from losing everything.

Answer:

Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Indiana. You should be able to have all of your expenses for you and your children considered. As far as her credit card debt, you have a good argument to not have to pay. As long as you have an attorney to protect your rights, I think you are in good shape to defend yourself, if you can hold on.

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