Divorce is a complex process that will bring about significant changes in various aspects of life. You will be burdened with ironing out the terms that will apply to the termination of the marriage, which includes dividing up marital assets, child custody arrangements, etc. While it may not be your top concern, health insurance must be discussed, as divorce can impact your coverage. If your health insurance comes from your spouse, you could wind up uninsured once the divorce is settled. Please continue reading to learn how planning ahead can help you transition to the next chapter of your life and how a proficient Rockland County Divorce & Separation Attorney can help you today.
How does a divorce impact health insurance?
Divorce will affect your health insurance, depending on your family structure. During the divorce, health insurance will remain in place for both parties. If you’re covered under your spouse’s health insurance, they cannot remove you from their policy while the divorce progresses. As of the date of a divorce judgment, coverage will end. You will no longer be considered a part of the family as you are legally estranged. Therefore, you will have to obtain individual coverage.
For many parents, their biggest concern is that dissolving their marriage will impact their children’s health insurance. However, ending your marriage does not mean your children will lose coverage. Children will generally stay on the same coverage they have had throughout the marriage. That said, when the non-custodial parent pays for their children’s health insurance, their child support order would reflect this contribution. Essentially, their payments would be calculated based on the amount paid for their insurance. If the custodial parent pays for the children’s health insurance, the court would order the non-custodial parent to make up the difference by providing more child support.
What steps should I take after being removed from their policy?
After settling the divorce, you will be removed from your spouse’s policy. As such, it’s crucial to research the costs and benefits of different health insurance options early in the divorce process to ensure you’re prepared. The Consolidated Omnibus Reconciliation Act (COBRA) is an option that allows you to continue your coverage on your spouse’s policy for a limited time after the divorce is finalized. This option can be costly because you are responsible for paying the whole premium. Nevertheless, this option will ensure coverage while seeking a plan better suited to your budget and overall needs.
If you’re headed for divorce, please don’t hesitate to contact a compassionate attorney from The Law Office of Peter L. Jameson, PLLC, who can help you fight for the best possible outcome.
