Can I Keep My Health Insurance if We Get Divorced?

 Posted on October 18, 2022 in Family Law

The financial stresses of getting divorced are usually centered around property division, child support, and alimony. One other important part of divorce that should not be overlooked is health insurance coverage and what happens to a spouse who is covered by their partner’s insurance after the divorce is finalized.

Health insurance is vital, especially as the cost of medical care continues to rise. If you are considering divorce, you need to prepare yourself for the future by understanding your options regarding health insurance and whether you need to take steps now to find alternative coverage.

Spousal Health Insurance After Divorce

Insurance companies and employers allow couples to remain on each other’s insurance policies, even after divorce, because of the Consolidated Omnibus Budget Reconciliation Act (COBRA). This allows you to buy the same insurance coverage through the same company that insured you while you were married. Your spouse will still have to be insured at the time of the divorce, and they must notify their employer after the divorce is finalized so the insurance company can send you the information you need to manage your coverage. It is essential to manage insurance matters in a timely and detail-oriented manner because small mistakes can leave you without coverage.

Who Pays for Health Insurance After Divorce?

Whether you or your spouse pay for your health insurance coverage will depend on several things. First, you may be able to negotiate having your premiums covered as part of an alimony, or spousal support, package. Without this, you will likely end up footing the entirety of your insurance premium yourself - including the portion that your spouse’s employer formerly paid plus a possible administration fee. This could increase the cost of your monthly premium by a substantial amount, so it is important to understand your policy’s true price.

You will also not be allowed to remain on your ex-spouse’s insurance forever. Generally, at most, coverage can continue for two years after the date of the divorce finalization. If you are older than 55, you may be allowed to continue until you are eligible for Medicare. However, the same rules that apply to any other insurance coverage will apply to you - you need to make payments on time and make sure you understand where your policy covers you and where it does not.

Call a Naperville, IL Divorce Lawyer

Suddenly finding yourself facing the prospect of having no health insurance can be scary. If you are wondering whether you may be able to keep your spouse’s health insurance coverage after your divorce, schedule a free consultation with an experienced team of Lombard, IL divorce attorneys with Mevorah & Giglio Law Offices. We have helped countless individuals navigate the financial complexities of divorce, including insurance coverage, and we look forward to helping you, too. Call us at 630-932-9100 today.