divorce health insurance

How Divorce Affects Health Insurance

Goldberg Jones Divorce Leave a Comment

Divorce requires the separation of more than just assets and debts. It also requires dealing with often overlooked items, like health insurance. If during the marriage both spouses were on the same health insurance plan, you need to take certain steps.

Related Reading: 7 Things to Do Before Divorce

Do My Children Still Get Health Insurance? 

Following a divorce or a breakup, the law requires all children to have health insurance if available to one or both of the parents at a reasonable cost compared. How a judge allocates the coverage remains up to their discretion. The court may require one spouse to provide all of the protection. That doesn’t mean, however, you have to supply coverage to your ex. In order to ensure there’s no gap, it’s beneficial to deal with this early in the separation.

Related Reading: You’ve Been Served Divorce Papers, Now What?

What If One Spouse Provided All Coverage?

As a separation unfolds, it’s important to maintain coverage. If your spouse provided health insurance to both of you, in order to guarantee there’s no lapse, it’s essential to be proactive.

You have options to ensure you maintain your insurance following a divorce:  

  • Request health insurance as part of the divorce settlement. In some instances, there are ways to maintain partial coverage. A judge may require one spouse to continue providing health insurance to the other until they obtain their own. In some cases, they order financial assistance to cover costs. Like most situations in a divorce, it varies from case to case.
  • Continue coverage under your ex’s insurance. This is also known as the Consolidated Omnibus Budget Reconciliation Act, or COBRA. If your ex provided health insurance and works for a company that employs 20 or more people, under federal law, you’re eligible for continued coverage through that plan. COBRA allows you to remain on your ex’s coverage for up to three years. This becomes void if you remarry before that time or receive health insurance through your employer. Though it allows for continued coverage, you pay for COBRA, which comes with a significant cost.
  • Coverage from your employer. This is usually the best option. Many employers provide some form of health insurance to their employees and foot part of the bill. This option is often cheaper than COBRA, where you have to pay the entire premium. Depending on the coverage, you may also be able to cover your children and family.
  • Buy an insurance plan on the open market. You also have the option of using an insurance agent in order to sign up for an individual healthcare plan. This may be an option if your employer doesn’t offer insurance or only provides limited coverage.

Related Reading: Men’s Health Month: How to Celebrate

How Long Do I Have to Get My Own Health Insurance? 

Many insurance providers give policyholders a window of 30 days to report any changes. Notifying the insurance company also helps ensure that there is no gap in coverage. Not only does a lack of health insurance leave you at risk, it also impacts your taxes.

Related Reading: How Health Issues Impact Divorce

What If We Choose Legal Separation Over Divorce? 

Legal separation offers an alternative to divorce. It’s like putting a marriage on hold. Both parties live their own lives but remain married in the eyes of the law. Though not divorce, legal separation also requires court approval. You still divide property, work out custody arrangements, and the rest.

In some cases, this allows a dependent spouse to stay on the other’s health insurance. Like so much else, this varies from one case to the next. A lot depends on your specific policy. Still, this may be an option if you fit the criteria. It’s especially useful in cases of long-term health issues and may be worth looking into.

Like so much when it comes to divorce, health insurance issues can get complicated quickly. Your best bet is to consult an experienced divorce lawyer. They’ll be able to answer your questions and steer you in the right direction.

Related Reading: How Legal Separation Differs From Divorce

Leave a Reply

Your email address will not be published. Required fields are marked *