§ 255 — Prerequisites for judgments under articles nine, ten and eleven of this chapter; health care coverage

§ 255. Prerequisites for judgments under articles nine, ten and eleven\nof this chapter; health care coverage. A court, prior to signing a\njudgment of divorce or separation, or a judgment annulling a marriage or\ndeclaring the nullity of a void marriage, shall ensure that:\n 1. Both parties have been notified, at such time and by such means as\nthe court shall determine, that once the judgment is signed, a party\nthereto may or may not be eligible to be covered under the other party's\nhealth insurance plan, depending on the terms of the plan. Provided,\nhowever, service upon the defendant, simultaneous with the service of\nthe summons, of a notice indicating that once the judgment is signed, a\nparty thereto may or may not be eligible to be covered under the other\nparty's health insurance plan, depending on the terms of the plan, shall\nbe deemed sufficient notice to a defaulting defendant.\n 2. If the parties have entered into a stipulation of\nsettlement/agreement on or after the effective date of this section\nresolving all of the issues between the parties, such\nsettlement/agreement entered into between the parties shall contain a\nprovision relating to the health care coverage of each party; and that\nsuch provision shall either: (a) provide for the future coverage of each\nparty, or (b) state that each party is aware that he or she will no\nlonger be covered by the other party's health insurance plan and that\neach party shall be responsible for his or her own health insurance\ncoverage, and may be entitled to purchase health insurance on his or her\nown through a COBRA option, if available. The requirements of this\nsubdivision shall not be waived by either party or counsel and, in the\nevent it is not complied with, the court shall require compliance and\nmay grant a thirty day continuance to afford the parties an opportunity\nto procure their own health insurance coverage.\n