Divorce brings about many changes in people’s lives. When two individuals are married their lives generally intertwine in every way. It is common for a spouse and their children to be covered by their spouse’s employer-sponsored health insurance. Whether the dependent spouse does not have a job or their employer’s coverage is not as good, couples often use the same insurance. When a couple gets divorced there are many things to figure out, and a common question from dependent spouses is whether or not they will be able to keep their health insurance. Generally, the answer is no. However, there are many options for newly divorced individuals to obtain or maintain health care coverage. Contact a Shelby County, Tennessee divorce lawyer for more information on your rights and options.
Am I Able to Keep My Health Insurance After I Get Divorced?
During a separation or the process of divorce, you will remain covered under your spouse’s health insurance. Even if the divorce process takes years, you will still be covered until the divorce is finalized. However, once the final divorce decree has been issued, you will no longer be considered an eligible dependent on your former spouse’s insurance. You cannot continue being covered by your ex’s health insurance after a divorce, at least not indefinitely. However, you will have alternative options.
How Can I Obtain Health Insurance Post Divorce?
There are many options for an individual who needs to obtain or maintain health insurance after going through a divorce. Consider the following.
- COBRA: You can maintain the coverage you had with your spouse through the Consolidated Omnibus Budget Reconciliation Act (COBRA). COBRA allows eligible individuals to maintain their existing plan for up to 18 months after a divorce. This can be expensive as you will be required to pay the full premium, including the portion that your spouse’s employer previously covered. However, this is a good way to maintain the same coverage and ensure you can continue being treated by the same doctors and medical professionals as you were under your ex’s insurance.
- Health Insurance Marketplace: The ACA (Affordable Care Act) established the Health Insurance Marketplace as a way to ensure individuals and families can have access to affordable health insurance. You can apply during open enrollment or see if you qualify for a Special Enrollment Period. Through the marketplace, you can compare various plans, their coverage, and their costs.
- Medicaid: Depending on your income you may be eligible for Medicaid or other state health insurance programs. Medicaid provides health coverage for low-income individuals and families. If you are eligible you can apply to one of these programs for health insurance after your divorce.
- Employer-sponsored insurance: If you are employed you may be eligible for health insurance through your company. Many employers offer several health plans at a variety of costs. Review your employer’s health insurance options to see if one fits your needs.
Contact an experienced family lawyer to learn more about your rights and responsibilities following your divorce.
