One of the most overlooked aspects of divorce is securing health insurance for yourself and your children. Whether one spouse is unemployed, works part-time, or relies on the other for coverage, ensuring continuous health insurance is essential. Maintaining coverage throughout the divorce process is critical for both your physical and mental well-being.
Initial Stages
The beginning of a divorce is often the most stressful time. Tensions are at an all-time high which makes it even more crucial to gather all necessary information about maintaining health insurance coverage.
- When a divorce is filed, the spouse who is covered under the other’s insurance must remain on that coverage until the divorce is finalized, unless both parties agree otherwise.
- A spouse cannot remove the other from their insurance out of retaliation or spite during the proceedings or they may be sanctioned by the Court.
- If children are covered under one spouse’s health insurance, their coverage should also remain unchanged throughout the divorce process, unless both parties agree otherwise.
During Divorce Proceedings
If open enrollment occurs while the divorce is still pending, the dependent spouse and the parties children must be re-enrolled in the covering spouse’s health plan, unless both parties agree otherwise.
- Until the final divorce decree is issued, the covering spouse cannot remove the dependent spouse or children from their health insurance.
After the Final Decree
Health insurance options after the divorce depend on the type of decree issued:
- Decree of Legal Separation: Some health plans allow a spouse to remain covered under a separation agreement. It is important to check with the plan administrator before the separation is finalized.
- Decree of Dissolution (Divorce): Once the divorce is finalized, the dependent spouse must find alternative coverage. Options include:
- Employer-Sponsored Insurance: If the dependent spouse is employed, they should contact their HR department or plan administrator to explore coverage options through their employer if available.
- COBRA: If the dependent spouse is unemployed or does not have employer-sponsored insurance, COBRA may allow them to remain on the ex-spouse’s plan for up to 36 months. However, COBRA can be expensive since it does not include an employer contribution.
- Public Marketplace Insurance: The dependent spouse can explore coverage options through the public health insurance marketplace.
- Medicaid: The dependent spouse may qualify for Medicaid, depending on state income thresholds.
Who Covers the Children After Divorce?
When the divorce is finalized, the parties can either agree on who will cover the children moving forward, or the court will determine which parent is responsible for providing health insurance for the children if the parties cannot agree. The court may order one or both parents to maintain coverage, depending on financial circumstances and custody arrangements. The cost of health insurance is often included in child support for this reason.
Josh Rieck is an Associate Attorney at Griffiths Law. Josh’s practice is focused exclusively on family law related matters, including divorce, allocation of parental rights, post-decree disputes, and child support.