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Yes, in Maryland the
Court can require one spouse to continue or reinstate (if cancelled) the
other spouse on their group health insurance policy.
A spouse can usually be included under a group health insurance policy
until the date of the parties’ divorce. Upon divorce, a former spouse
typically has the right to elect up to 3 years of continuing coverage
under the group policy or indefinitely under Maryland law (also known as
“COBRA” coverage). Often, COBRA coverage costs substantially more than
the group coverage provided before the parties’ divorce and military
coverage has special rules.
Under Maryland and federal law, the Court has the discretion to allocate
between spouses the costs of providing spousal group health insurance
benefits, either pendente lite (while the divorce litigation is pending)
or at the time of the divorce. Such an allocation can be required in
addition to any alimony or child support awarded by the Court.
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