Knowledgeable, Effective Guidance

What happens to your health insurance coverage when you divorce?

On Behalf of | Sep 12, 2022 | Divorce |

Some couples rely on the working spouse’s health insurance plan for coverage. If you are divorcing or are divorced, you may need to consider what will happen. 

The information here can help you plan for your health insurance needs accordingly. 

Include health insurance in your divorce settlement

It’s sometimes possible to include health insurance as part of your divorce settlement. For example, if your spouse has the policy through their work or in their name when you file for divorce, it may be possible to require them to continue providing this coverage. 

If the policy is in your name and covers your spouse, once you are divorced, the insurance provider may add another premium to continue providing coverage for your ex. 

COBRA considerations

Based on COBRA law, after a divorce, it may be possible for you to keep your health coverage temporarily. If your ex-spouse had insurance through an employer with a minimum of 20 employees, COBRA allows you to keep coverage for up to 36 months. It’s possible to keep the plan for the full 36months unless you enroll in a new plan or remarry during that time. 

However, it can be expensive to do this. While COBRA allows you to keep the coverage provided by your spouse’s plan, you must cover the premiums with no employer contributions. 

To qualify for COBRA coverage, you must let the health plan’s administrator know about this change within 60 days of your legal separation or divorce. 

Health insurance and divorce

When divorcing, you have a lot to consider and think about. It’s important to make sure you plan for your health coverage to ensure that you can continue receiving the benefits you are entitled to. You have legal rights and knowing what these are is imperative in these situations.