What To Know About Health Insurance During Divorce
Your health is the most important priority, but you may not think about it during divorce. A divorce will affect every aspect of your life, and that includes your health insurance. Many people getting a divorce do not think about how it will affect their health insurance policies, but it is important to understand the impacts, and what to do about them, before your coverage lapses.
Remaining on Your Spouse’s Policy
In most cases, your spouse is required to maintain your health coverage until the divorce is finalized. If you are listed on your spouse’s health insurance policy, you are not able to continue to receive coverage after the divorce. However, that does not mean that you will not have any health coverage at all. Your spouse’s employer is required under the law to offer coverage through the Consolidated Omnibus Reconciliation Act (COBRA), to provide coverage. This is a federal law so it is not only available to people in Pennsylvania, but throughout the rest of the country, as well.
Under COBRA, you can continue to receive temporary coverage. While there is a time limit on how long you can receive coverage under COBRA, it will provide some time for you to find your own coverage. You must file for COBRA insurance within 60 days of your divorce being finalized. If you do not file for insurance within 60 days, you may forfeit your right to COBRA coverage.
Children and Health Insurance
If your spouse has a health insurance policy through their work, there is a good chance that not only you are listed on it, but that your children are, as well. After a divorce, your children may remain on your spouse’s health insurance. However, this is not always the case. There are many factors that are considered when determining whether one parent or both parents are responsible for health coverage for their children. These include income and costs for such insurance and the court will most likely consider those factors in support proceeding.
Your Spouse Cannot Remove You from Their Health Insurance
It is not uncommon for spouses that are particularly vindictive to try and remove their soon-to-be ex from their health insurance. It is critical that anyone going through a divorce realizes that under Pennsylvania law, this is illegal. While your spouse can remove you from their health insurance policy once the final divorce decree is entered, they cannot do so before that date.
Our Pennsylvania and New Jersey Family Lawyer Can Advise on All Aspects of Your Divorce
A divorce does more than just end your marriage. It will affect every aspect of your life and you will have to resolve issues such as alimony, child custody, and even your health insurance. If you are going through a divorce, our Philadelphia family lawyer at the Law Offices of Lauren H. Kane will advise on all areas of your divorce so you know how they will affect you. Call us today at 215-918-9453 or fill out our online form to schedule a consultation and to learn more about how we can help.
Resource:
dol.gov/general/topic/health-plans/cobra
