Divorce and Health Insurance Coverage in Rhode Island

Rhode Island enacted the Rhode Island Healthdivorce or legal separation....Once a qualifying event
Insurance Continuation Act. This act allows some exoccurs, the covered employee, his or her spouse, or
spouses to remain on their ex husband or ex wivesdependents seeking COBRA coverage must elect
health insurance after Final Judgment of Divorce.such coverage within 60 days of the occurrence of
However, this act has been watered down by recentthe qualifying event and must pay the required
case law out of the Federal Court District of Rhodepremiums." Marsha Zolla, Healthcare and family Law
Island. Article by Rhode Island Family Attorney, DavidDavid Slepkow is a Rhode Island Lawyer / Attorney
Slepkow Rhode Island Has enacted the Rhode IslandConcentrating in Rhode Island Divorce, Family Law,
Health Insurance Continuation act. This act allows aChild Custody, RI Child Support, Car / Auto Accidents,
person to remain on their ex-husband or ex-wivesRhode Island Personal Injury Law and Rhode Island
health Insurance after Final Judgment of Divorce.Criminal Law. Rhode Island Divorce lawyer David
Article by Rhode Island Divorce Attorney DavidSlepkow has written over 50 Rhode Island (RI)
Slepkow 401-437-1100Lawyer Written Law Articles. Credit Cards Accepted.
Unfortunately, this act has been watered down byEvening Appointments Available. Rhode Island Personal
recent case law out of the Federal Court District ofInjury Lawyer
Rhode Island. The case of Duclos v. GeneralDavid Slepkow also represents clients in RI Restraining
Dynamics Corp., 12 E.B.C. (BNA) 2648 (D.R.I. 1990)Orders, dcyf matters, Adoption, Paternity, Child
stands for the proposition that The Rhode Island healthVisitation, Post Divorce, Relocation, Out of State Family
Insurance Continuation act is Preempted by ERISA.Law matters, Contempt, RI Slip and Fall and Trip and
ERISA is a Federal Statute. Under Common Law, if aFall. Please visit: Rhode Island Personal Injury and Car
federal statute and state statute relate to similar topics,Accident Law Articles and also see: Rhode Island Child
Federal Law may preempt state law. The FederalSupport Law. Also please visit: Rhode Island Divorce
Preemption Doctrine is "a doctrine in law that allows aLawyer Written Articles and Rhode Island Auto,
federal law to take precedence over or to displace aVehicle & Car Accident Law Articles. Rhode Island RI
state law in certain matters of national importance (asLaw Information Center. Rhode Island Child Support
interstate commerce)" Duclos v. General DynamicsLawyer Written Articles.
Corp., 12 E.B.C. (BNA) 2648 (D.R.I. 1990) ruled that theLegal Notice per RI Rules of Professional
"Rhode Island statute requiring certain divorcedResponsibility:
spouses to be granted continuation health coverageThe Rhode Island Supreme Court licenses all lawyers
without additional premiums was preempted byin the general practice of law, but does not license or
ERISA..." Quoted from Charles Shulman, Esq. "EBECcertify any lawyer / attorney as an expert or specialist
(Employee Benefits / Executive Compensation) Lawin any field of practice.
Update"Rhode Island (RI) Law Article Directory written by RI
Despite the Duclos ruling, many Rhode IslandAttorneys
Employers allow an ex spouse to remain on healthRhode Island Personal Injury Law  & Automobile /
insurance coverage after Final Judgment of Divorce.Car Accident Articles
Many employers are prohibiting ex spouses fromRhode Island (RI) Business and Corporation Law
coverage after final Judgment of Divorce relying onArticles
the Duclos case. My Understanding is that Blue CrossRhode Island Child Custody Law Articles
Blueshield of Rhode Island allows an ex spouse toRhode Island Child Support Law Articles by RI Divorce
remain on health insurance after Final Judgment ofLawyer David Slepkow
Divorce.Rhode Island (RI) Child Visitation and Custody Law
During the pendency of the divorce, the parties shouldArticles
determine the employers policy and proceduresRhode Island Criminal Law Articles Written by a RI
related to continuation of coverage after FinalLawyer
Judgment of Divorce. If possible, they should seek theRhode Island Divorce Law Articles written by a Rhode
company policy in writing from the Companies benefitsIsland Family Law Lawyer
administrator. The Obligations of Rhode Island basedRhode Island DUI / DWI and Breathalyzer Refusal
companies to comply with the Rhode Island HealthArticles
Insurance Continuation Act is beyond the scope of thisRhode Island Elder Law Articles
Article.Rhode Island Estate Planning and Probate Law
If a spouse will be remaining on his or her ex spouse'sArticles
insurance then the following language should and mustRhode Island Eviction and Landlord Tenant Law
be put on the record at the Rhode Island NominalArticles
Divorce Hearing and be memorialized into the DecisionRhode Island Expungement Law Articles
Pending Entry of Final Judgment as well as the FinalRhode Island Family Law Articles
Judgment of Divorce:Approved Articles written by out of state Lawyer /
"Plaintiff shall provide Defendant with Health InsuranceAttorney
and Dental Insurance pursuant to the Rhode IslandRhode Island  (RI) litigation / lawsuit articles
Health Insurance Continuation Act."Rhode Island Personal Injury and Car Accident Law
This language should be put on the record andArticles
memorialized into the Decision Pending and FinalRhode Island Post Divorce Law Articles written by a
Judgment of Divorce even if the employer will beRI Lawyer
removing the spouse after Final Judgment of Divorce!Rhode Island Real Estate law Articles
The above described language incorporated into theRhode Island Restraining Order Articles
Final Judgment of Divorce is usually interpreted byRhode Island Slip and fall / Premises Liability Law
Judges of The Rhode Island Family Court as meaningArticles
the following:Rhode Island auto / car / automobile accident FAQS
1) If there is an additional expense over and above theRhode Island Personal Injury and Premises Liability Law
cost of a single plan for the ex spouse to remainFAQs
covered by the health insurance plan then the exOrganizing and Operating a Limited Liability Corporation
spouse must pay that additional amount or he / she(LLC) in Rhode Island
may be removed from the Health Insurance policy.Rhode Island Small Business and Corporation FAQS
2) If the person with Health Insurance loses their job, orby a RI Attorney
goes to another employer then the ex spouse willFundamentals of Child Custody in Rhode Island
probably lose health Insurance coverage.Rhode Island Child Support Contempt
3) If either party (husband or wife) remarries than theHow to avoid  child visitation disputes in Rhode Island
ex spouse may lose Health Insurance coverage.Criminal Misdemeanors in Rhode Island: Plea
It is usually a good idea to specifically put on the recordAgreements, Sentencing and Convictions
at the nominal divorce hearing, that the ex spouse isIs a nolo contendere plea a  criminal conviction in
required to pay any additional premium over andRhode Island (RI)?
above the cost of a Single Plan or they will beRhode Island No Contact Orders explained
removed from the insurance. These issues can getRhode Island Probation: a Period Of Extreme Risk!
confusing if the cost for a family plan includes theRhode Island Criminal One Year Filings Explained by a
children and there is no additional expense for theRI Criminal Law Lawyer
spouse. Please consult with a Rhode Island DivorceThe Intersection of Criminal Law and Family Law in
Lawyer about these issues.Rhode Island (RI)
The Rhode Island Health Insurance Continuation ActRhode Island Divorce: From Soup to nuts by  RI
R.I.G.L § 27-20.4-1 states:Family Law lawyer, David Slepkow
"In the event of a final judgment of divorce, whetherUncontested No Fault Divorce in Rhode Island by a RI
absolute or otherwise, where one party to the divorceFamily Law Lawyer
was at the time of the entry of the judgment for"No Fault" is a misnomer: cheating, drugs, abuse,
divorce a member of a health plan providing familyalcoholism and bad behavior in RI divorce
coverage * * * the person who was the spouse ofRhode Island Divorce Residency Requirements
the party prior to the entry of judgment for divorceRI divorce: Deferred Sale of the Marital Domicile for
may remain eligible for continuing benefits under thethe best interest of the children
plan and health maintenance organization withoutRhode Island Divorce FAQS- answered by a Rhode
additional premium or examination if the order isIsland Divorce Lawyer.
included in the judgment when entered. The eligibilityRhode Island Divorce: Equitable does not always mean
shall continue as long as the original member is aequal! What constitutes marital Property? Division of
participant in the plan or health maintenanceProperty and debt
organization and until either one of the following shallRhode Island DUI/ DWI/ Breathalyzer Refusal- Should I
take place: (1) the remarriage of either party to therefuse the breathalyzer test?
divorce, or (2) until a time as provided by the judgmentRhode Island Elder Law FAQS for Senior Citizens
for divorce. If the person [eligible for continuing healthWills Trusts, Probate and Estate Planning in Rhode
care benefits] * * *becomes eligible to participate in aIsland (RI) by a RI Lawyer
comparable plan or health maintenance organizationLandlord Tenant Law - Evictions and nonpayment of
through his or her own employment, the continuation ofrent in Rhode Island (RI)
the original plan coverage shall cease." SectionErase and Expunge Dismissed Criminal Records in
27-20.4-1(a). (Emphasis added.)Rhode Island (RI)!
The Rhode Island Supreme Court interpreted theErase and expunge a criminal conviction in RI:
Rhode Island Health Insurance continuation act inProbation-Suspended Sentence-Jail
L'Heureux v. L'Heureux: "The clear and unambiguousUntangling the web. The intersection of Family
language of § 27-20.4-1 requires that health insuranceLaw-Criminal Law and Restraining ordersby a Rhode
benefits, when provided for in a final decree of divorce,Island(RI)
continue at no cost to the former spouse of the party8 arguments that usually dont work in Rhode Island
participating in the plan as long as the plan participant isFamily Court!
still a member of the plan and until (1) either partyRhode Island Family Law: Relocation of children out of
remarries, or (2) a time provided by the judgment ofstate of Rhode Island
divorce. Furthermore, the continuation of the originalCommon Law Marriage in Rhode Island - Truth or
plan coverage shall cease when the former spouseFiction by a Rhode Island Divorce lawyer
becomes eligible to participate in a comparable healthApproved Law Articles by Out of State Lawyers /
plan through his or her own employment."Attorneys
What are some of the health insurance optionsThe Basics of Rhode Island Litigation (RI)
available to ex spouses after Final Judgment ofRhode Island Personal Injury and Car Accident Law:
Divorce in Rhode Island?Obtaining a New Lawyer / Attorney
COBRA Heath Insurance may be a worthwhile optionRhode Island Personal Injury FAQS answered by a RI
for Ex Spouses after Final judgment of Divorce."Undercar / auto accident lawyer
COBRA, employers must offer the option of continuedMore Rhode Island (RI) Personal Injury Law & auto
health insurance coverage at group rates to qualified  Car Accident FAQS
employees and their families who are faced with lossRhode Island post divorce do's and dont's by an
of coverage due to certain events." CRS Report forexperienced RI family law lawyer
Congress Health Insurance Continuation CoveragePartitions in Rhode Island- Forced  Court Ordered sale
march 2005 "... When the qualifying event, however, isof RI Real Estate in Superior Court
a covered employee's divorce or legal separation,Rhode Island Residential Closings and Title Law FAQS
COBRA coverage lasts for thirty-six months."by a RI Real Estate Attorney
"COBRA provides that employers who provide theirRhode Island (RI) Law:What is Title Insurance and
employees with medical coverage must provideshould I get title insurance?
continuation coverage to employees and their familiesRhode Island Residential Real Estate Purchase and
who would otherwise lose coverage under theSales Agreements
employer's plan as a result of a qualifying event.Where do I obtain a Rhode Island restraining order-
Qualifying events include: (a) a covered employee'sFamily, District or Superior Court?