Many married couples share
health insurance policies through a primary spouse’s employer. After a divorce,
that coverage will likely terminate for the secondary spouse and possibly for
the children. If you’re worried about what will happen to your health
insurance, here are a few ways to ensure you can maintain coverage:
1.
Review your health care plan with your attorney:
Learn the ins and outs of your coverage in case you need to find a new plan. You
may also want to talk to your health insurance agent to discuss the
implications of divorce on the existing plan.
2.
Consult your attorney about whether it makes
sense to obtain a Legal Separation, rather than a Divorce, if maintaining your
current health insurance policy is a priority.
Some families continue to exist on a plan even after a Legal Separation,
if it works best for all parties, and if the insurance company will allow it.
3.
Discuss alternative plans with your attorney. If
children are involved, be sure that you understand who will be responsible for
insuring the kids, who will pay for co-pays, medications, etc. Be as specific
as possible so that in case of an emergency, you won’t have to fight over
insurance details.
4.
Be prepared to find new coverage. Even if your
divorce is not finalized during an open enrollment period, the new health care
law (the Affordable Care Act) provides for a special enrollment period through
the health care exchange when there is a qualifying event, like a divorce.
However, there is a limited time to secure coverage in this way, and a change
must be made within 30 days before the date of divorce or 60 days after the
divorce.
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