Unfortunately, even the most amicable divorces can be stressful as many complicated issues must be sorted out. It’s a challenging transition, and one of the many decisions you need to navigate is what to do about your health insurance. Many overlook how divorce impacts health insurance coverage, which leaves them uninsured once the divorce is settled. If your spouse provides healthcare for the family, you will lose coverage once the divorce is finalized, as you will be deemed legally estranged. As such, planning ahead and considering health insurance while negotiating your divorce settlement is crucial. To ensure you don’t wind up uninsured as you transition to the next chapter of your life, it’s in your best interest to enlist the help of a trusted Garden City Divorce Lawyer who can help you make informed decisions during this complex legal process.
How Does Divorce Impact Health Insurance?
Health insurance must remain in place for both parties during the divorce process. This means your spouse cannot remove you from their policy during the divorce process. If they try to remove you before the divorce is settled, they will legally be required to add you back. It’s crucial to understand your rights to ensure they are not violated at any point. Nevertheless, once the divorce is finalized, you will be dropped from the plan as you are no longer considered a “family member.”
In most cases, divorce is recognized as a qualifying life event, meaning you may be eligible to purchase health insurance through a Special Enrollment Period (SEP) after the divorce is finalized. SEP provides 60 days to seek and enroll in a health insurance plan. Another option that may be available is obtaining The Consolidated Omnibus Reconciliation Act (COBRA), which allows you to receive continued benefits on your spouse’s policy for a limited period after the divorce. The only downside is that you are responsible for the premiums, which can be costly. However, this will ensure coverage until you find a plan better suited to your financial circumstances.
Will divorce impact my children’s coverage?
Understandably, you may worry that ending your marriage means that your children could also be left uninsured. However, that’s not the case. New York considers children to be dependent on both parents. This means if your spouse has health insurance covering your child, their policy will continue to do so even though you split.
It’s crucial to note that child support and insurance coverage are often linked. If the custodial parent pays for their child’s insurance, the court will order the non-custodial parent to make up the difference by providing additional support. If the non-custodial parent pays for their child’s insurance, their support order will reflect this contribution.
If you’re headed for divorce, it’s imperative to take the necessary steps to safeguard your future, including considering healthcare options. At the Law Offices of Eyal Talassazan, P.C., we are prepared to help you fight for the best possible outcome.