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Ohio 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 their its insurer for 3 years after the divorce. In addition, the court may require the payer spouse to maintain health insurance for the spouse and children. If the payer spouse has health insurance, he or she may not cancel the insurance without the court's permission. Section 3105.71 Cases: Pettry (1991) 610 NE2d 443 (The court was not required to order the husband to pay for health insurance for the wife, even though the wife was in fragile health, and husband's business had previously paid for health insurance for both of them.)
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