How Does a Divorce Impact Health Insurance?

health insurance

Going through a divorce is a challenging experience as it comes with many changes. This complex legal process requires proper preparation to maximize your chances of achieving the best possible outcome. There is much to keep up with during a divorce, such as child custody, child support, alimony, and property division, which can all seem overwhelming. However, many individuals neglect to consider how a divorce affects their health insurance. If you rely on your partner’s health insurance coverage, while they cannot remove coverage during the divorce process, things will change once the divorce is final. Please continue reading to learn how a divorce will impact your health insurance coverage and how a competent Pensacola Divorce Lawyer can help you today. 

How will a divorce affect my health insurance coverage?

When you decide to end your marriage, you can stay on your spouse’s health insurance while the divorce progresses. This will allow you some time to seek other options. However, once the divorce is granted, you will lose your health insurance coverage and must get your own coverage. If your spouse’s insurance policy covers your family, your spouse will no longer be able to provide you with coverage, as family insurance only includes coverage for family members. Once the divorce is settled, you are no longer considered family. Even if you parted amicably, your spouse cannot keep you on their insurance policy once officially divorced. You will be deemed legally estranged and have no rights to their healthcare policy.

However, you may be able to stay on your spouse’s policy despite no longer being married for a limited period through The Consolidated Omnibus Budget Reconciliation Act (COBRA). This option is expensive as you must pay 100% of the premiums. Failure to pay the premium could result in losing coverage. It’s imperative to understand that COBRA coverage must be requested by you through your spouse’s employer within 60 days of the divorce becoming final. As there are higher costs involved with this insurance coverage, it is possible to include them as part of your divorce agreement.

Will a divorce impact my children’s coverage?

Fortunately, you do not need to worry about your children losing their coverage as they are dependents of both spouses. This means they will not lose their health insurance. If you have children, they will not lose their coverage as they depend on both spouses. According to federal law, children must have health insurance coverage. As such, many divorce agreements will link child support and insurance coverage. In some cases, when the non-custodial parent pays for insurance for a child, their child support would be calculated to include the amount paid for the insurance. If the custodial parent pays for the insurance, the non-custodial parent will make up the difference by paying more in support.

If you’re heading for divorce and your health insurance coverage comes from your spouse’s insurance, you may find yourself uninsured after it’s settled. As such, it’s in your best interest to enlist the help of an adept lawyer from The Law Office of James M. Burns. Our legal team is prepared to represent your interests and discuss healthcare options.