Usually when a divorce is final, the spouse who is covered under the others medical insurance must find their own insurance.  However, if the parties decide to "bifurcate" the action, and enter a judgment only on the issue of marriage, then the spouse may stay under the others insurance.  "Bifurcate" means that you get a divorce for the purpose of being single and being able to marry again, but that the other issues in the divorce, such as property, debts, etc. remain to be decided.  If you have questions about this or any other Family Law issue, please give Morinelli & Lieberman Law Group a call at 510-430-9366.

This is explained very clearly the Family Code section 2337, Bifurcation of Marital Status, below.

    "In a proceeding for dissolution of marriage, the court, upon noticed motion, may sever and grant an early and separate trial on the issue of the dissolution of the status of the marriage apart from other issues....

(2) Until judgment has been entered on all remaining issues and has become final, the party shall maintain all existing health and medical insurance coverage for the other party and any minor children as named dependents, so long as the party is eligible to do so. If at any time during this period the party is not eligible to maintain that coverage, the party shall, at the party's sole expense, provide and maintain health and medical insurance coverage that is comparable to the existing health and medical insurance coverage to the extent it is available. To the extent that coverage is not available, the party shall be responsible to pay, and shall demonstrate to the court' s satisfaction the ability to pay, for the health and medical care for the other party and the minor children, to the extent that care would have been covered by the existing insurance coverage but for the dissolution of marital status, and shall otherwise indemnify and hold the other party harmless from any adverse consequences resulting from the loss or reduction of the existing coverage. For purposes of this subdivision, "health and medical insurance coverage" includes any coverage for which the parties are eligible under any group or individual health or other medical plan, fund, policy, or program.

Morinelli & Lieberman Law Group can help you decide whether or not to "bifurcate" your action and what affect it will have on your medical insurance.
 

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