Health Insurance For My Ex Spouse

“In Case Of All Hell Breaking Loose”

So I liked the pilot for A Gifted Man . I thought it was beautifully filmed and well-acted and solidly written. It wasn’t the sort of thing I usually watch—this sort of goopy supernatural drama is really far outside my comfort zone—but it was an exceptionally well-executed version of a show I wouldn’t have normally watched. I liked the way that Jonathan Demme used straight-on shots of Patrick Wilson to let you know that his character, Michael Holt, was isolated from everyone around him, while always keeping Jennifer Ehle’s Anna in a two-shot with him, to let you know she was a part of him. I liked the way the characters seemed to have lived a life together before the show began. I liked its sense of texture, and its moving climax.

But a lot of people—including a lot of you—thought the whole thing was sentimental, sappy glurge. I can’t say I disagree with this either. It is sentimental, sappy glurge. And in this case, you either think it’s a well-done version of that particular form, or you start gagging at all of the syrupy schmaltz the show is insisting you swallow. This is definitely a case where when people didn’t enjoy the pilot as much as me, I nod in agreement, even if I think they’re, ultimately, just a little bit wrong.

On the other hand, I’d bet that even someone who hated the pilot and I could agree that it didn’t seem likely that pilot was setting us up for something as rote and boring as this .

Now, the danger with A Gifted Man was always that the pilot didn’t leave a great deal of room to make an actual TV show. It felt like a movie, truncated to an hour. Sure, you had the medical cases of the week, but those were secondary to the discovery of the premise—Michael is seeing his dead wife, and she’s here to help him understand how he can make the world a better place.

Will I Be Covered by My Spouse's Health Insurance After Final ...

Rhode Island Has enacted the Rhode Island Health Insurance Continuation act. This act allows a person to remain on their ex-husband or ex-wives health Insurance after Final Judgment of Divorce.

Unfortunately, this act has been watered down by recent case law out of the Federal Court District of Rhode Island. The case of Duclos v. General Dynamics Corp., 12 E.B.C. (BNA) 2648 (D.R.I. 1990) stands for the proposition that The Rhode Island health Insurance Continuation act is Preempted by ERISA. ERISA is a Federal Statute. Under Common Law, if a federal statute and state statute relate to similar topics, Federal Law may preempt state law. The Federal Preemption Doctrine is “a doctrine in law that allows a federal law to take precedence over or to displace a state law in certain matters of national importance (as interstate commerce)” Dictionary.com

Duclos v. General Dynamics Corp., 12 E.B.C. (BNA) 2648 (D.R.I. 1990) ruled that the “Rhode Island statute requiring certain divorced spouses to be granted continuation health coverage without additional premiums was preempted by ERISA…” Quoted from Charles Shulman, Esq. “EBEC (Employee Benefits / Executive Compensation) Law Update”

Despite the Duclos ruling, many Rhode Island Employers allow an ex spouse to remain on health insurance coverage after Final Judgment of Divorce. Many employers are prohibiting ex spouses from coverage after final Judgment of Divorce relying on the Duclos case. My Understanding is that Blue Cross Blueshield of Rhode Island allows an ex spouse to remain on health insurance after Final Judgment of Divorce.

During the pendency of the divorce, the parties should determine the employers policy and procedures related to continuation of coverage after Final Judgment of Divorce. If possible, they should seek the company policy in writing from the Companies benefits administrator. The Obligations of Rhode Island based companies to comply with the Rhode Island Health Insurance Continuation Act is beyond the scope of this Article.

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