Health Care Coverage is Complicated by Divorce
Divorcing couples who are concerned about their healthcare coverage from their former spouse should research and explore all options available, which includes COBRA coverage.
July 01, 2012
A big concern for non-working spouses in a divorce might be continued medical insurance coverage once the decree is finalized. Many such individuals have insurance through their soon to be ex-spouse or former spouse's employer. Going without insurance is not a viable option for most people, so many may be left asking what they can do to ensure coverage when entering the single life.What Are the Options?
The first issue to be aware of is that it is not possible to stay on a former spouse's insurance once the divorce is finalized, if such coverage is provided through the former spouse's employer. However, this restriction may not apply during a legal separation. Spouses who determine they will be losing health coverage should assess the situation and determine a strategy.
COBRA Coverage
The federal COBRA law provides for temporary health insurance for individuals who lose their coverage. After a divorce (or legal separation) is final, an uninsured ex-spouse can qualify for a COBRA plan. Insurance under COBRA is available for up to 36 months following discontinuation of the original coverage. In order to obtain COBRA coverage from a former spouse's employer, the ex-spouse must notify the health plan administrator within 60 days of divorce finalization.
Seeking Options
COBRA coverage is temporary and often quite expensive. Someone who is utilizing COBRA may also want to consider coverage with another carrier. People who are employed prior to the expiration of COBRA coverage may consider obtaining new insurance through their own employers. In the alternative, obtaining private health care insurance may be necessary for those not covered by an employer. It is prudent to consider all options and make the best decision for each individual financial and medical situation.
An experienced divorce attorney can help answer questions about health care coverage following a divorce, and help you devise a strategy for meeting health care expenses as part of a comprehensive approach to divorce representation.
Article provided by The Marks Law Firm LLC
Visit us at www.themarkslawfirm.com