Brian D. Perskin & Associates

Divorce and Health Insurance Coverage

Divorce can change a lot of things, and one of them is health insurance. This may not be the first thing on your mind as you get divorced, but you should definitely consider it once you have a moment to think about the practical aspects of becoming single. Think about your options when it comes to healthcare after divorce.

Legal Separation

If your spouse currently provides the health insurance coverage through his or her job, that will end once you get divorced. There is no way around it. However, if you legally separate instead, you may be able to keep your coverage. This all depends on the insurance provider, since some actually end coverage even when you only legally separate.

On the other hand, your children can stay on the insurance after divorce, so if you are anxious about the kids keeping coverage, do not worry. Even if the coverage is not great, you should keep it for them until you can find a better plan that covers both you and the kids.

COBRA

Another possibility is that you can get COBRA after your divorce. You can only get it once the divorce is final, and it only lasts 36 months. Plus, it can be expensive, and any condition you suddenly get while on it can be considered a pre-existing medical issue when you get new coverage. However, it is often the best way to keep your coverage for a while as you look for a new provider. It is usually safer to get this coverage than go without any healthcare, especially in case of an accident.

Get New Insurance

In general, you should start looking for new coverage once you know you are getting divorced. You will likely be covered by your spouse's insurance until the divorce is final, and then you can look into COBRA to cover you before you can find your own coverage.

Contact a Lawyer

If you are uncertain whether your spouse will allow your children to keep their health insurance, you should talk to a divorce lawyer. In most cases, the court will want the kids to keep the same coverage, at least until you can find a better option. If your spouse is fighting this order, you can fight back if you think it is best for your children. After all, the court tends to side with decisions that are in the kids' best interests.

If you have questions about insurance coverage, feel free to come to Brian D. Perskin & Associates P.C. for some answers. We can let you know what to expect, or even represent you if you think your spouse is not going to follow the rules. This is especially important if he or she is refusing to keep the children on the health insurance, since some parents are known for being bitter about the divorce and, therefore, making decisions that will hurt the kids' wellbeing. If you suspect your former spouse is doing this, call our office today.