Can I Keep My Health Insurance After a Divorce?

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Going through a divorce can be a troubling experience, as ending your marriage means facing substantial changes in many areas of your everyday life. For many, health insurance is a major expense. To protect your interests and build toward a better future, it’s important to understand what will happen to your healthcare coverage after divorce. Please continue reading to learn your health insurance rights after a divorce and why connecting with our experienced Bristol County Divorce Issue Lawyers is in your best interest. 

Will a Divorce Affect My Health Insurance?

First, your options regarding your healthcare coverage will depend largely on the type of health insurance you have before the divorce. Most families are covered by a policy provided by one spouse’s employer. Unfortunately, a divorce upends this arrangement. An employer-provided insurance plan doesn’t cover ex-spouses. Therefore, if you have health insurance through your spouse’s job, you will likely need to obtain new coverage. During the divorce process, you can stay under their policy. However, once the divorce is settled, you will be removed as you will be deemed legally estranged. Following a divorce, you should consider the following options:

  • Insurance policy through your employer: If you are employed and your employer provides health insurance coverage, this will likely be the least expensive option for acquiring a new plan.
  • COBRA (Consolidated Omnibus Budget Reconciliation Act) coverage: If your spouse’s employer offers COBRA coverage, you may be eligible to enroll in it within 60 days of the divorce. Essentially, it allows an ex-spouse to remain covered under the same insurance for up to 36 months. It’s important to note this option can be expensive.
  • Affordable Car Act (ACA) plan: This is available for lower-income individuals. When you have lost coverage due to a divorce, you will have a special enrollment period to purchase a plan from the Marketplace.
  • Medicaid: You may qualify for public health insurance if you have a low income.
  • Medicare: If you are 65 or older or have a disability, you may qualify for a public health insurance program administered by the Social Security Administration.

Will a Divorce Affect My Children’s Healthcare Coverage?

In most cases, a divorce will not affect dependent children’s eligibility to remain on their parent’s health insurance plan. Children can typically remain on a parent’s plan even if they don’t live in the same household. A divorce decree or child support order must address how the parents will continue to provide healthcare coverage for their children and how these funds will be allocated. If the parents can’t reach an agreement on how to handle health insurance for their children, a judge will decide for them.

As you can see, a divorce will significantly impact your healthcare coverage. At The Law Offices of Cynthia L. Hanley, P.C., we are prepared to represent your interests and fight for the best possible outcome for your situation. Connect with our firm today to discuss your options.