What You Need to Know About Health Insurance in a California Divorce
When facing a divorce, child custody, property division, and alimony are the natural subjects that couples think about. What many individuals going through a divorce forget to consider is how health insurance benefits will be affected after the divorce. After a divorce is finalized, spouses are no longer considered family members, and therefore are not covered on each other’s health insurance benefits. Here is what happens to health insurance in a California divorce.
In most marriages, one spouse receives health care benefits through their job, which then extends to their family. When the couple is going through a divorce, the uninsured spouse may not receive these same benefits after the divorce has been finalized, resulting in gaps in health insurance coverage.
Health Insurance After a Divorce
Many individuals lose their private insurance to divorce each year. This results in the inability to seek medical help and can take a toll on a person’s well-being – creating additional stress during a divorce.
Gaps in health insurance coverage especially affect spouses with ongoing healthcare needs. However, under the Consolidated Omnibus Budget Reconciliation Act (COBRA), spouses with healthcare needs may be eligible to apply for health insurance coverage through their spouse’s plan even after the divorce finalization. Spouses have at most 60 days after the divorce has been finalized to contact their spouse’s health insurance administrator to request coverage.
Regardless of the outcome of a divorce and of child custody agreements, children remain insured unless the spouse with the insurance benefits loses parental rights. After a divorce, the parent who claims the child as their dependent on their income tax return is responsible for providing proof of their children’s health insurance coverage.
Related: How to Get Child Support for Health Insurance in California
Keeping Health Insurance
In a divorce, there are ways to keep one’s health insurance. In some cases, couples choose to go through a legal separation rather than a divorce to avoid a spouse from losing health insurance coverage.
As mentioned above, COBRA allows spouses to temporarily gain health insurance coverage. This provides individuals with the time needed to secure a separate health insurance plan without suffering a gap in coverage.
In some divorce cases, the judge will order the insured spouse to make a payment to the uninsured spouse for health care specifically. This is more often the case when the uninsured parent is also the custodial parent of minors.
Related: Uninsured Medical Expenses and Child Support in California
FAQs About What Happens to Health Insurance in a California Divorce
Can one keep their ex-spouse on their health insurance plan after the divorce?
After a divorce, an individual’s employer cannot provide health insurance coverage to their ex-spouse. In a legal separation, however, an ex-spouse can still be covered under an individual’s health insurance.
How long does COBRA last?
COBRA can last for up to 36 months after a divorce has been finalized.
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If you are concerned about health insurance in a California divorce, contact us. Get your free consultation with one of our experienced divorce attorneys today!