When you are going through a divorce, there are many critical considerations you’ll need to make, from negotiating who gets the family home to determining whether or not you wish to request alimony. However, there may be one important thing you’re forgetting – health insurance! If you’re on your spouse’s health insurance, it’s important to understand what will happen when your divorce is finalized. The following blog explores what you should know about these matters and how Tampa family lawyers can assist you in navigating the divorce process.
Can I Keep My Health Insurance After a Divorce?
If you are on your spouse’s health insurance plan, it’s important to understand whether or not you will continue to retain coverage following your divorce. Generally, you’ll find when you file for divorce, the judge can issue an order allowing you to remain on your spouse’s plan. However, this order will expire when your divorce is finalized, and legally, you will be unable to remain on your spouse’s plan as you are no longer married.
If you are employed, you can obtain insurance through your employer. This is generally the best course of action, despite the fact that you may have different co-pays than what you are used to paying.
One option if you are not working because you were a stay-at-home parent is to obtain insurance through the Consolidated Omnibus Budget Reconciliation Act (COBRA). This allows you to continue to remain covered from your spouse’s plan for a temporary period, without actually being on their plan. However, this can be incredibly expensive, as you are required to pay 100% of the premiums.
Will My Children Keep Their Coverage?
If you do not obtain health insurance following your divorce, your children will remain on your spouse’s plan. This is because it is required by federal law for children to have coverage. As such, you can rest assured that your children will be cared for.
If you do obtain insurance, you and your spouse can determine who will provide coverage for the children when negotiating the child custody and support portion of your divorce agreement. Generally, if you as the custodial parent put the children on your insurance plan, the support payment you receive from your spouse will be increased to take these costs into account. However, if your spouse keeps the children on their insurance plan, their monthly payment could decrease as they are covering those costs.
As you can see, obtaining health insurance following a divorce is not something that should be put off. If you have trouble during these matters, it’s in your best interest to connect with an experienced attorney from Tampa Law Group. Whether you need help negotiating who insurance your children will remain on or want guidance when filing for divorce, we can help. Contact us today to learn how we can assist you.
