Health insurance and divorceDiscussing health insurance after divorce can be challenging as it raises a lot of questions from spouses who are currently going through this painful sensitive phase. That might be because one of the biggest expenses you will pay for over your lifetime is health insurance. This is expensive but also very important for leading a long and healthy life.

When you get divorced, this is often a contentious point. So, let’s take a closer look at this subject and find out everything you need to know:

Who Pays for Health Insurance After Divorce?

When you get divorced, it is going to be up to you to fund your own health insurance. For example, if you have previously been on your ex-partner’s health insurance, this is going to end when you get a divorce. This is written into federal law, and it is important that you follow the rules.

Therefore, you will have to arrange and pay for health insurance by yourself, and you will not be able to depend on your spouse anymore. But, something to know is that the Consolidated Omnibus Budget Reconciliation Act (COBRA) means you can get health insurance for up to 36 months after you have divorced your partner. This will apply if they worked for a company with a minimum of 20 staff and benefited from health insurance already.

Note that you will have to tell health insurance companies about the divorce. They often have rules you have to follow when this is the case to ensure that health insurance coverage can continue.

So, make sure that you ask the provider and make sure to follow their rules. Otherwise, this could affect the coverage you enjoy and even lead to insurance fraud and serious consequences.

What Can I Do About Medical Insurance After Divorce?

The most important thing to remember is that you will have health insurance options after a divorce process. Even if you have been on your spouse’s insurance plan for a long time, you are going to be able to get health insurance by yourself. There are certain rules in place that will help those who have just become divorced.

For example, the Affordable Care Act ensures that divorced spouses are not left in a bad position. It states that if a person has recently divorced, they will be able to gain coverage when it comes to health insurance on the exchange. This is going to be true even if it is not the normal enrollment period.

Can There Be Health Insurance in a Divorce Settlement?

Yes, it is possible for you to work out with your partner what is going to be in your divorce settlement. In other words, if both parties are in agreement, health insurance can be part of this. This will help when it comes to costs, as you will not be used to paying the premiums for a single person.

Health insurance in a divorce settlementHowever, remember that health insurance does not have to be part of a divorce settlement. If the other party does not agree to this, there is no obligation to be part of the order. Thus, you will have to be prepared to make arrangements after the divorce if this is the case.

Can You Cancel Health Insurance During Divorce?

No, you are not going to be able to terminate the health insurance plan you have at the moment while you are going through a divorce. Often, this is something that spouses want to do to ensure that they are not paying any more than they should be.

In other words, they no longer want to subsidize the other person. But, you cannot cancel the health insurance that includes your wife or husband, as this can lead to legal challenges later down the line.

Therefore, you cannot cancel anything your spouse might be included in. For example, this can include life insurance, a car contract, and even health insurance. The best thing you can do is sort this out during the settlement or modify your health insurance after divorce.

There can be some situations where you can petition the court to cancel health insurance during the divorce proceedings. But, if you do want to go down this road, make sure that you consult a lawyer and make sure that you have substantial reasons for doing this. It will not simply be accepted because you want to disconnect yourself from your partner.

Will Child’s Health Insurance Coverage Be Affected by Divorce?

No, it is often the case that children will not be affected when it comes to health insurance and divorce. They are still going to be covered by the parent who is going to have the health insurance policy.

This is going to be something that a judge can help with. They are able to determine the parent responsible and explain what the coverage will be. For instance, it is often the case that the parent that pays child support will have a better health insurance plan. This means the child will commonly have coverage with them.

Can I Choose To Keep My Ex-Partner on My Health Insurance?

No, you will not be able to keep a person on your health insurance and listed as your spouse. Indeed, this person is no longer going to be your husband or wife when you finalize your divorce. Thus, it would be incorrect to list them on your health insurance coverage.

If you continue to do this, this can be known as health insurance fraud. Even if you are doing it with the right intentions and to help that person have health insurance coverage, this is not the truth, and it can end you in serious trouble. It can also mean that you have medical bills to pay in full later.

What Are the Health Insurance Options for Divorced Spouses?

Just because you are getting a divorce does not mean that you do not have options for health insurance. Indeed, there are going to be many options you can explore, and it is important to take your time and choose the right one for you.

For example, if you have a job, you can choose employer-provided medical insurance. Often, this is a benefit that large companies and brands are going to offer. It will allow you to enjoy cover and health with any medical bills you have. You can also choose to have your children on this coverage, but this is something that you can discuss during the divorce proceedings with your spouse.

Another option you have is to purchase individual medical insurance. You can do this through an insurance agent and shop around for the best option for you. There can be high costs and premiums to pay that you might not be used to. But, you can weigh up all of your options first to make sure you make the right decision.

You can also gain coverage through the health insurance marketplace in your state. You will be able to sign up immediately since divorce is going to be a qualifying event for this. Thus, you can get cover straight away and not have to wait for the next enrollment. If you are over 65 years old, you can get Medicare.

Can You Keep Your Spouse on Your Health Insurance if You Are Only Separated?

Yes, it is possible to keep your partner listed on your health insurance plan if you are separated. This is going to be the case if you are not legally divorced yet. For example, say you live apart, but you are still married. This is going to enable them to stay on your health insurance.

Often, health insurance plans do not specify that you have to be living in the same household as your spouse. Thus, if you lived apart and separated but have not finalized a divorce, they can stay on your health insurance plan. But, make sure that you always check with the provider to ensure that you do not run into any problems later on and suffer the consequences.

What Are the Benefits of Choosing Health Insurance During a Divorce Settlement?

You can enjoy many advantages when you choose to make health insurance part of your divorce settlement. Namely, the big one is going to be the money you pay out. You can agree with your partner about how your health insurance is going to work. This can help you to cover financial costs and still enjoy a good amount of coverage if you have any medical bills to pay.

Another reason to think about health insurance during a divorce settlement is peace of mind. This way, you can know that you are covered and if you fall sick or your health declines, you will be able to afford the care you need. Simply, it can be a lot easier to arrange health insurance during a divorce. This way, you know that it is all done.

In addition, if there are children as part of the marriage, you can discuss what will happen with their health insurance. Of course, you want to ensure that they have the best coverage they can have. This is going to cover them until they are older. You can negotiate with your partner to make sure that they are going to be on better coverage, which might be with your spouse.


Health insurance after divorceThere is no doubt that health insurance is very important. This is going to help you pay for medical bills in an emergency and when you are sick. Naturally, when you are divorcing your partner that pays for your health insurance, you will be worried about how you are going to fund it.

Let’s summarize what we have learned about divorce and health insurance coverage:

  • With health insurance and divorce, you are going to be responsible for picking up the payment for your plan
  • If you were on your ex-partner’s health insurance plan, this is no longer going to be the case when your marriage is terminated
  • COBRA might allow you to receive health insurance for up to 36 months if you were on your partner’s plan
  • There are plenty of health insurance options after divorce that can help you
  • The Affordable Care Act means that you can look for coverage on the exchange even if it is outside the normal enrollment period
  • You can choose health insurance to be part of your divorce settlement to help with funding
  • It is best not to cancel health insurance during a divorce procedure, as it might lead to legal problems later
  • Children and their health insurance should not be affected by divorce, and they can still be on a parent’s plan
  • Often, the parent that pays child support will also have that child on their health insurance plan
  • You cannot list your parents as your spouse on your health insurance plan after your divorce is final as this is going to be a fraud
  • If you are separated from your spouse but not legally divorced, they can remain on your health insurance plan without any problems
  • If you are worried about health insurance, the best thing you can do is try to sort it out during the divorce settlement
  • But there are plenty of options you choose after divorce, such as choosing a plan with your employer

There are ways to deal with losing health insurance through a divorce. Namely, one of the best ways is to discuss this during the divorce settlement so that you can enjoy help with finances and coverage. Children should not be affected by their coverage due to the divorce, giving you peace of mind.

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Divorce & Finance