Divorce/COBRA/Breast Cancer Advice

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Lorial1962
Lorial1962 Member Posts: 20
edited June 2014 in Employment, Insurance, and Other Financial Issues

I need some advice on an insurance /divorce issue. if there is anyone out there with this knowledge or expertise.

My husband and I had just filed for divorce in January, just the first set of papers have been filed. I live in New Jersey.

In our divorce agreement, my husband agrees to keep me on his insurance for 3 years under COBRA, he will pay out of pocket for it.

My question is: Can our insurance not allow me to go on COBRA with a pre-existing condition now that I have been diagnosed with bc? Can they UP the premuim?

There is so much on my mind my head is spinning!

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  • Chickadee
    Chickadee Member Posts: 4,467
    edited February 2013

    I imagine your lawyer would have to evaluate it, but if you are already a dependent on this insurance I would think this is just a transition to COBRA and it wouldn't be a question of pre existing condition.

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  • SpecialK
    SpecialK Member Posts: 16,486
    edited February 2013

    It appears as though divorce of a covered employee (your spouse) entitles you to 36 months of COBRA coverage.  I believe that as long as you have not had a lapse in coverage prior to being covered by the COBRA the pre-existing condition would not factor in.  You may want to speak to your attorney about a fall-back plan of paying for individual coverage for you in New Jersey's high risk pool insurance coverage so that all contingencies are covered should the COBRA coverage not pan out.

    Here in the government's COBRA link and high-risk coverage in New Jersey:

    http://www.dol.gov/ebsa/faqs/faq-consumer-cobra.html

    http://www.healthcare.gov/law/features/choices/pre-existing-condition-insurance-plan/nj.html


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  • itsjustme10
    itsjustme10 Member Posts: 796
    edited February 2013

    Pre-existing conditions shouldn't affect your COBRA coverage.  You have no lapse in coverage.  The premium you will pay is the same as the company pays for a single individual, plus they can surcharge you up to 2%  something like that. 

    If it's a large company, the large group rates will be better than anything you could get on your own.  Since groups are what's called "community rated", no, the only premium increases will be the same increases each subscriber gets on the group anniversary date.  Don't take it personally, everyone gets those increases - it's crazy what insurance costs.

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  • Lorial1962
    Lorial1962 Member Posts: 20
    edited February 2013

    Thank you all who have answered this post, so much to consider its making me crazy!

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  • grayeyes
    grayeyes Member Posts: 664
    edited March 2013

    Lorial1962 - I also live in NJ, and my husband and I are separated.  Neither of us have filed for divorce yet, but I have asked attorneys about insurance.  Have you considered filing for "divorce from bed and board"?  It's not a complete divorce, and it should allow you to keep your current insurance plan under your husband's name.  So, "divorce from bed and board" might be an option for you, unless you or your husband are planning to marry other people.

    Good luck in whatever you decide.

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