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


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  • A court, prior to  signing
      a  judgment of divorce or separation, or a judgment annulling a marriage
      or declaring the nullity of a void marriage, shall ensure that:
        1. Both parties have been notified, at such time and by such means  as
      the  court  shall  determine,  that once the judgment is signed, a party
      thereto may or may not be eligible to be covered under the other party's
      health insurance plan, depending on the terms  of  the  plan.  Provided,
      however,  service  upon  the defendant, simultaneous with the service of
      the summons, of a notice indicating that once the judgment is signed,  a
      party  thereto  may or may not be eligible to be covered under the other
      party's health insurance plan, depending on the terms of the plan, shall
      be deemed sufficient notice to a defaulting defendant.
        2.   If   the   parties   have   entered   into   a   stipulation   of
      settlement/agreement  on  or  after  the  effective date of this section
      resolving   all   of   the   issues   between    the    parties,    such
      settlement/agreement  entered  into  between the parties shall contain a
      provision relating to the health care coverage of each party;  and  that
      such provision shall either: (a) provide for the future coverage of each
      party,  or  (b)  state  that  each party is aware that he or she will no
      longer be covered by the other party's health insurance  plan  and  that
      each  party  shall  be  responsible  for his or her own health insurance
      coverage, and may be entitled to purchase health insurance on his or her
      own through a COBRA option,  if  available.  The  requirements  of  this
      subdivision  shall  not be waived by either party or counsel and, in the
      event it is not complied with, the court shall  require  compliance  and
      may  grant a thirty day continuance to afford the parties an opportunity
      to procure their own health insurance coverage.
        * NB Effective October 9, 2009