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Indiana Law - Must The Payer Keep The Spouse On His/Her Health Insurance? Under COBRA (the Consolidated Omnibus Budget Reconciliation Act of 1986), if your spouse's employer has 20 employees or more, your spouse's employer must allow you to have a policy with its health insurer for 3 years after the divorce. There are no state laws in Indiana that refer to a payer spouse maintaining the recipient spouse on health insurance. It would be unusual for a court to order this, especially in light of the short period for maintenance awards in Indiana. However, spousal maintenance may be modified if a substantial change in circumstances has occurred which renders the original award unreasonable. Cases: Lowes (1995) 650 NE2d 1171 (court could not terminate husband's $100 per month maintenance order in order to force wife into poverty so she could qualify for Medicaid).
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