The answer may vary depending on your health insurance provider and plan. It is important that you speak with your plan administrator and verify their terms prior to agreeing to provide coverage.
It is typical that one parent continues to cover the children after the entry of the divorce. This should be detailed in your final agreement and should contemplate the payment of the costs to insure the children as well as the allocation of unreimbursed healthcare expenses between the parents. These expenses may be addressed as part of child support and pursuant to the Child Support Guidelines, if applicable. It may also be appropriate to detail in your agreement, and by example only, that Mom will continue to cover the children for as long as insurance is reasonably available through her employer and that if Dad becomes able to secure comparable coverage at a lower rate, the parties will reevaluate the coverage for the children.
Once you are divorced formally by way of entry of the Final Judgment of Divorce by the Court, it is unlikely that you will be able to continue to provide coverage for your ex-spouse. A divorce is typically a terminating event that will prevent continued coverage, but it is important to confirm so with your insurance provider.
Diana N. Fredericks, a family law attorney at Gebhardt & Kiefer, P.C. Diana works with clients whose needs lie in all areas of matrimonial and family law.