Divorce is often a challenging transition on numerous levels as various things must be sorted, from dividing marital assets to figuring out living situations. While it may not be on the top of your list, it’s crucial to consider how a divorce will impact your health insurance coverage. Please continue reading to learn how planning ahead can help make this life-changing transition a bit smoother and why connecting with a qualified Garden City Divorce Lawyer is in your best interest.
How Does a Divorce Impact Health Insurance?
In the U.S. health insurance is a significant expense for many families. As such, it’s crucial to consider how you will handle it after your divorce. If you are the primary insurance holder through your employer, the dissolution of your marriage will not affect your coverage. However, if you are covered under your former spouse’s health insurance policy, you will need to acquire new coverage once the divorce is settled.
Throughout the divorce process, you can remain under your spouse’s health insurance plan, but once the divorce is finalized, you will be removed. This is because you will be deemed legally estranged. in other words, you cannot be kept under their policy because you will no longer have legal rights as a “family member.” That said, to avoid being left uninsured you must plan for your future and consider your post-divorce insurance options.
Fortunately, there are several options to consider for health insurance when you get divorced. One option is the federal Consolidated Omnibus Budget Reconciliation Act (COBRA) which gives workers and their families the right to continue with their group health plan even if they lose their benefits due to qualifying life events such as divorce. Essentially, it allows you to receive continued health insurance under your former spouse’s plan for a limited period after the divorce. Keep in mind that this is a costly option, as the monthly premiums are not subsidized. This means that you will be responsible for covering 100% of the premiums. Another option is the Affordable Care Act (ACA) which makes insurance available to those looking for individual or family coverage via the government health insurance Marketplace. This is reserved for lower-income individuals.
Will a Divorce Affect My Children’s Healthcare Coverage?
As a parent, you may be worried that the dissolution of your marriage will disrupt your children’s health insurance coverage. However, your children can remain on the existing insurance plan as they are considered dependents of both you and your former spouse. It’s important to note that child support orders must include details about healthcare. If you are the custodial parent and you cover your children’s health insurance, the court will order the non-custodial parent to provide additional support. If you are a non-custodial parent paying for your children’s insurance, the child support order will reflect this contribution. When it comes to child support, a judge will have to review and approve any agreement you have reached about paying health insurance for your children.
As you can see, a divorce will affect your health insurance coverage. To ensure you are not left uninsured once your divorce is settled, it’s in your best interest to contact a competent lawyer from the Law Offices of Eyal Talassazan, P.C., who can help you protect your rights and future.
