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Situations of divorce, particularly with children, are complicated. Generally speaking, the custodial parent has the right to claim children as dependents. That said, the custodial parent can sign Form 8332, allowing the non-custodial parent to claim a dependent on their tax return.
Medical insurance, even if you cannot claim the dependent, is deductible as long as it is paid with after-tax dollars, so if that medical insurance is paid through your employer, it is likely pre-tax and will not be deductible on your tax return, because it is not included in your taxable income. If you pay that insurance personally, not through payroll deduction, you can report it on Schedule A of your tax return included with other medical expenses.
If your divorce is not finalized by the end of the tax year, generally 12/31, you can file Married Filing Jointly (MFJ), or Married Filing Separately (MFS). If you have not lived together for at least the last 6 months of the year, a spouse claiming a dependent can file Head of Household (HOH), but a spouse not claiming a dependent must file MFS.
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