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Health Insurance After Divorce


Health insurance and health care can be something easy to for granted in good times and crucial to have in bad times. During a divorce, it can be easy to get wrapped up in child custody and asset division. But it will treat you well to keep in mind your health care, particularly if your insurance is through your spouse's employer.

You should make sure that your health takes priority in your life. When you are going through a divorce, it is important to take the time to figure out just what will happen to your health insurance in the various stages of divorce.

If you are either contemplating filing for divorce, or currently going through one, you know it's not easy. A local divorce attorney might be able to help you assess your options and clear up question you might have - like just what happens to your health insurance. To connect with a local attorney today, just fill out the form below.

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Health Insurance Laws & Divorce

There federal law known as COBRA is designed to continue health insurance coverage in circumstances such as job loss, death, and divorce. You may eligible to continue your health insurance coverage that you obtained through your spouse under COBRA, though you will likely have to pay the cost of the premiums. However, there may be circumstances where you can work out having your ex-spouse pay for you insurance premiums as part of a settlement.

Of course, this sword can cut both ways. That means that if you are, or your employer is, the supplier of your spouse's health care, a judge may order that you keep your spouse insured, or even order that you pay for his or her premiums.

If you remarry, the health care coverage obligation from your ex-spouse or under COBRA will likely terminate.

It is also important to keep your children's health insurance in mind during a divorce. In some instances, your spouse will have an obligation to make certain that the child has health insurance. If he or she does have that obligation, most states will require that he or she continue the insurance until the child reaches a certain age. These obligations may change if your spouse had the child before the marriage and you are not the child's natural parent.

If you find that you are confused by health insurance obligations during divorce, a local attorney might be able to help you sort out what your rights are.

This is for informational purposes only and is not legal advice. Speak to a local divorce attorney for legal advice about your particular situation.

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