Section 255 of the New York Domestic Relations Law requires a judge to confirm, before signing any judgment of divorce, legal separation, annulment, or declaration of a void marriage, that both spouses have been notified about how the judgment will affect their health insurance and that any settlement agreement spells out who will be responsible for coverage going forward. If those two steps are not documented in the court file, the judge will not sign.1New York State Senate. New York Domestic Relations Law 255 – Prerequisites for Judgments Under Articles Nine, Ten and Eleven of This Chapter; Health Care Coverage
The Two Things the Statute Requires
The first requirement is notice. Both parties must be told that once the judgment is signed, they may or may not remain eligible for coverage under the other spouse’s health insurance plan, depending on the terms of that plan. The statute uses “may or may not” on purpose. Some employer plans end spousal coverage automatically at divorce; others permit continuation under certain conditions. The law forces awareness of the question without dictating the answer.
The court has discretion over how notice is delivered. There is no single mandated form or method, and the practice varies by county, but the notification typically appears in the paperwork filed with the court.
The second requirement applies whenever the parties resolve their case through a settlement agreement or stipulation. That agreement must contain a provision specifically addressing each spouse’s health coverage after the divorce. This is one of the few terms of a divorce settlement that cannot be waived. The parties and their attorneys cannot agree to leave it out; the court will send the paperwork back until the language is there.1New York State Senate. New York Domestic Relations Law 255 – Prerequisites for Judgments Under Articles Nine, Ten and Eleven of This Chapter; Health Care Coverage
What the Settlement Provision Has to Say
The statute gives two acceptable options for the health coverage provision. It can describe how each party’s future coverage will be provided, naming who insures whom. Or it can state that both parties understand they will no longer be covered under the other’s plan and will be responsible for obtaining their own insurance, potentially through COBRA if available.1New York State Senate. New York Domestic Relations Law 255 – Prerequisites for Judgments Under Articles Nine, Ten and Eleven of This Chapter; Health Care Coverage
The New York Unified Court System publishes a prewritten form for this: the “Addendum to Stipulation of Settlement/Agreement re: Compliance with Domestic Relations Law 255(2).” The addendum tracks the statutory language and is included in the standard uncontested divorce packet on the court system’s website.2New York State Unified Court System. Uniform Uncontested Divorce Packet Forms Using the addendum is the simplest way to satisfy the second requirement when the settlement itself does not already contain the right language.
What Happens If You Skip It
Missing the DRL 255 requirement does not kill a case, but it stops it. The court will refuse to sign the judgment and return the paperwork for correction. If the problem is caught late, the court may grant a 30-day continuance so the parties have time to arrange their own health insurance before the divorce becomes final.1New York State Senate. New York Domestic Relations Law 255 – Prerequisites for Judgments Under Articles Nine, Ten and Eleven of This Chapter; Health Care Coverage
That continuance explains what the statute is really about. The point is not paperwork for its own sake. It exists so that a spouse who has been covered under the other’s plan does not lose insurance overnight with no chance to find a replacement.
When the Other Spouse Never Responds
Default divorces are common, and the notice requirement still has to be met when one spouse never appears. The statute solves this by letting the plaintiff serve the health insurance notice together with the summons. A written notice explaining that the defendant may or may not remain eligible for coverage under the other party’s plan after the judgment counts as sufficient notification for a defaulting defendant.1New York State Senate. New York Domestic Relations Law 255 – Prerequisites for Judgments Under Articles Nine, Ten and Eleven of This Chapter; Health Care Coverage The simultaneous-service rule keeps the case moving while preserving a paper trail that notice was delivered.
Coverage Options the Statute Points You Toward
DRL 255 names COBRA as a potential source of replacement coverage, which is why understanding the federal program matters even though it is not a New York statute. Under COBRA, divorce is a qualifying event that lets the non-employee spouse continue group health coverage through the former spouse’s employer plan. The maximum continuation period for divorce is 36 months, longer than the 18-month window that applies to job loss.3U.S. Department of Labor. FAQs on COBRA Continuation Health Coverage for Workers
After the plan administrator sends a COBRA election notice, the qualified beneficiary has 60 days to decide. If you elect within that window, coverage is retroactive to the date your original group coverage ended, so medical expenses incurred during the gap can be reimbursable once premiums are paid.4Office of the Law Revision Counsel. 29 U.S. Code 1162 – Continuation Coverage The cost is high. You pay the full premium that the employer and employee were previously splitting, plus a 2% administrative fee, which often comes out to several hundred dollars a month or more.
COBRA is not the only option. Losing coverage because of a divorce qualifies you for a special enrollment period on the Health Insurance Marketplace, with 60 days from the date of coverage loss to pick a new plan. Divorce alone does not trigger the special enrollment if you did not actually lose coverage.5HealthCare.gov. Getting Health Coverage Outside Open Enrollment New York residents can shop through New York State of Health, which recognizes divorce and legal separation as qualifying life events.6NY State of Health. Special Enrollment Periods A marketplace plan often costs less than COBRA, especially with a Premium Tax Credit, but may require switching providers. Comparing the two before you sign the settlement is worth the time.
Filing the Compliance Paperwork
The DRL 255 documents go into the final judgment packet submitted to the court clerk. In counties that use the New York State Courts Electronic Filing system (NYSCEF), the packet can be filed online; NYSCEF is mandatory for certain case types in some counties, including New York, Westchester, and Rockland, and available on consent in others.7New York State Unified Court System. NYSCEF Unrepresented Litigants Where electronic filing is not used for matrimonial cases, the packet is filed in person or by mail at the County Clerk’s office. A $125 fee applies when you file the Request for Judicial Intervention and Note of Issue.8New York State Unified Court System. Uncontested Divorce Overview
The clerk reviews the full packet for compliance before sending it to the judge. Missing or incomplete health coverage provisions are among the most common reasons packets come back, so confirm that your settlement agreement or the DRL 255 addendum contains the required language before you file.