The answer is yes, provided that your divorce decree stipulates so. Normally, you cannot keep your ex spouse on your health insurance as they're no longer a dependent. However, I've seen judges award it for a specified amount of time. If your divorce is amicable and you want to do that, propose it in your divorce settlement. As long as a judge orders it, the health insurance company should have no problem with it. Be prepared to forward a copy of the court order to the company.
Now, this applies to the way things have always been done with health insurance. With the Affordable Care Act, things may change. I haven't seen it come up yet, so I guess we'll have to wait to find out.
Insurance Advisor, Lordship Insurance Services, California
Yes as long as the insured who is still working and getting coverage from his/her job does not put in a request to make any changes. The insurance company would not know about the spouse becoming an ex unless someone files paperwork to say that. Sometimes the working spouse will allow the other spouse to stay on the policy because (1) the court requires it or (2) that spouse still has the children living with them and it makes more sense for the family to keep their insurance intact.
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Now, this applies to the way things have always been done with health insurance. With the Affordable Care Act, things may change. I haven't seen it come up yet, so I guess we'll have to wait to find out.