An important question that family divorce attorneys get while helping clients through their divorces is about who is responsible for paying for healthcare once the family has been split up.
There are multiple answers to this question depending on who is affected by the divorce, their employment and income status, and other related factors.
Each Spouse Individually Responsible
Family divorce lawyers generally find that when spouses divorce, each is responsible for their own healthcare so long as each is employed and has access to a plan.
Any spouse who was on the policy as a dependent will be dropped, as they must then find their own health insurance.
What is COBRA?
A spouse who was dependent on their spouse’s plan may qualify for COBRA plan coverage for a few months, but that is a temporary arrangement designed to give the spouse enough time to find other insurance coverage.
Family divorce attorneys do note that the cost of COBRA insurance is generally not covered by the covered spouse’s policy, so the spouse losing coverage must pay for this themselves or make coverage part of the divorce agreement.
What Happens When COBRA Ends?
When a spouse is removed from their former spouse’s health insurance plan or COBRA ends, they must then arrange for healthcare coverage through their own employer or, if no coverage is available, seek it through the Healthcare Marketplace.
There are various health policies available for people of all income levels, many of which are subsidized by their state.
What About The Children's Healthcare Needs?
When a divorce with children happens, family divorce lawyers point out that the children are legally permitted to maintain their health coverage, regardless of which parent has the policy.
If the parent with primary conservatorship has health insurance, kids would be covered by that policy.
If the parent with primary conservatorship does not have health insurance, children can be covered through the other parent’s health insurance if there is any.
If neither parent has healthcare coverage, children can be covered through the healthcare marketplace.
In some instances, children can actually be covered by both parents’ plans.
Planning for Healthcare Needs When Divorcing
Health care is sometimes a concern that spouses worry about, causing some to even put off divorcing.
Family divorce attorneys reassure that whether through a former spouse or through the Healthcare Marketplace, every American can get the health insurance they need regardless of their divorce status.
Those with questions about coverage for themselves or their kids and how to maintain it should speak to an experienced family divorce lawyer to have peace of mind about health insurance.