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How Can I Maintain Health Insurance Coverage After My Divorce?

Posted on in Divorce

Los Gatos divorce lawyer health insurance COBRAMany people take advantage of lower rates or better coverage by receiving health insurance through a plan provided by their spouse’s employer. But what happens when your policy is through your spouse, and you are planning to get a divorce? Your best choices for ensuring that you will have insurance coverage will depend on your situation. Rather than rush out and try to find a new health insurance plan immediately, you can ask your attorney to help you navigate the sometimes-confusing laws and regulations of health insurance coverage during divorce.

Can I Stay Covered?

Often, you will be able to stay on your spouse’s insurance, at least for the duration of the divorce. During a legal separation, on the other hand, you may or may not remain covered. That will depend on the insurance company. Also, if you decide to proceed with a divorce, your coverage will definitely end when the divorce is final, since laws prohibit people from staying on an ex-spouse’s insurance policy after divorce.

Your children, depending on their ages, should be able to stay covered under the ex-spouse’s plan, but an agreement will have to be reached on that. If your children are between the ages of 18 and 26, however, you will not be able to force your ex-spouse to keep them covered. Even though it is legal to provide coverage for adult children, parents are only required to keep their children insured until age 18.

What Are My Options?

Following your divorce, you will have to provide your own health insurance coverage. You may be able to do so through your employer or through the government marketplace. Another option is temporary COBRA coverage, which can last up to 36 months, although this can be quite expensive.

In some cases, your attorney may be able to negotiate a deal for you in which your ex-spouse must pay you a set amount to go toward your health insurance premiums. There are all kinds of options for ensuring that you will not be left out in the cold financially at the end of your divorce while you try to get back on your feet and adjust to life on your own again.

Contact a Los Gatos, CA Divorce Lawyer to Help You Stay Covered

At the Law Offices of Benita Ventresca, we will go through every step of your divorce with you, including health insurance questions, to make sure you have the resources you need as you move on to your life after the end of your marriage. Contact an experienced Los Gatos family law attorney for help with your case. Call 408-395-8822 to set up a free consultation.

Sources:

https://www.npr.org/sections/health-shots/2014/08/12/339627570/can-divorced-dad-be-forced-to-cover-insurance-for-adult-kids

https://www.forbes.com/sites/jefflanders/2012/06/05/three-of-the-most-frequently-asked-questions-about-health-insurance-life-insurance-and-social-security-after-divorce/#511a4890220d

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