Health Insurance After Divorce

By Staff Writer

One of the many issues which you should consider if you are facing a divorce is that of insurance. The two main insurance issues you should focus on during your divorce are those of health insurance and life insurance. Health insurance costs are on the rise. If you and/or your children are covered by your spouse’s insurance policy, coverage may not be available after the divorce. Due to the costs of health insurance, you should ensure not only that coverage is available to you and the children, but that you will be able to afford the same.

Coverage for your children will be easier to obtain. Health insurance plans typically allow a parent to continue coverage for his or her children following a divorce. If this is the case, you will want a provision in your Judgment of Divorce directing your spouse to maintain the children on the existing policy and to secure replacement insurance for the children if, for some reason, the existing coverage becomes unavailable.

Health insurance policies generally will not allow a former spouse to remain on the policy after the divorce. As such, if you are currently being provided with insurance through your spouse’s policy, you will have to obtain replacement coverage after the divorce. You will have several options. One temporary option is COBRA insurance. This Federal benefit will allow you to continue your existing coverage after the divorce. The caveat to the coverage, however, is that there is a cost associated with remaining on the policy and the coverage is temporary. Eventually the coverage will end and you will have to obtain another policy for yourself.

If you cannot afford to provide yourself with COBRA or privately obtained coverage, you should request financial assistance as part of your divorce. You can either request your spouse to pay the cost (or portion thereof) of the replacement coverage or to reimburse you for all or a percentage of your premium expenses.