When a couple chooses to terminate their marriage, almost every aspect of their lives will change. One or both spouses may move, alimony or child support will likely be paid, and either spouse may be concerned about losing the health insurance they have through their partner. Whether one spouse does not work or the other’s company offers better healthcare, a married individual may be covered through their partner’s healthcare for a variety of reasons. After a divorce, the dependent spouse may be concerned about whether or not they can keep their same health insurance. Continue reading for more information and reach out to a Montgomery County divorce lawyer with any legal questions.
Is it Possible to Keep My Health Insurance After I Get Divorced?
During the process of divorce, both spouses and children involved will remain on the same health insurance plan as they have had. However, once the final decree is issued, things will change. If you were covered under your spouse’s employer’s health insurance plan, you will need to find alternative coverage as you will no longer be an eligible dependent.
What Are My Health Insurance Options After Divorce?
You will have several options for obtaining health insurance after your divorce is finalized. One of the most popular ways is through COBRA (Consolidated Omnibus Budget Reconciliation Act). Through COBRA you can maintain the same coverage that you had under your spouse’s health insurance for a limited period, generally 18 to 36 months after a qualifying life event such as divorce. To maintain insurance through COBRA you must inform your ex-spouse’s company benefits department within 60 days of the divorce being finalized. COBRA is a costly option, however, and requires that you pay the full price, including the amount your former spouse’s employer was covering. COBRA is a popular option because it allows you to maintain the same coverage and be treated by the same providers.
You may also choose to purchase an individual health insurance plan through the Health Insurance Marketplace. The Affordable Care Act (ACA) established the marketplace as a way to provide families with affordable health insurance options. By enrolling in the marketplace you can compare various plans to find one that fits your needs. Doing so can also allow you to discover if you are eligible for Medicaid or Medicare.
If your income is low post-divorce, you may qualify for Medicaid. Medicaid is a state and federal program that provides health insurance coverage for families with limited resources. If you are eligible you could find coverage through the program.
You may also choose to get coverage through your own employer. If you were not working during your marriage it is likely that you will seek employment after your divorce. Depending on the type of job you have and the nature of the work, your company may offer insurance that you can be covered under.
It is important that you and your children, if you have them, are adequately insured. Life can throw curveballs so having health care coverage is crucial in ensuring you are protected in case anything happens. Speak with a family lawyer for more information on your rights and options post-divorce.
