Divorce health insurance issues are important because you don’t want to be left without health insurance after you divorce. You and your spouse need to come to an agreement about your health insurance issue so there is no gap in coverage for you. Your spouse is not legally obligated to keep your health insurance policy so you must obtain your own or apply for COBRA coverage. You can apply for COBRA coverage if your spouse works for a company that employs 20 or more employees. COBRA is good for individuals who have pre-existing health conditions that make them ineligible to obtain individual health insurance. Federal law requires that your spouse’s employer is required to provide COBRA coverage for you if you notify the health plan administrator within 60 days after your current spousal health coverage terminates that you are electing COBRA coverage.
COBRA Coverage Expires After 36 Months
You are responsible for paying the COBRA premium for your divorce health insurance unless you negotiate a divorce settlement agreement that states your spouse is required to give you spousal support to cover the plan costs, or your spouse agrees to pay for the COBRA premium for you. COBRA coverage is more expensive because you are paying the employee and employer portion of the coverage. It cannot exceed 102% of what the employer and employee would pay, plus 2% for administrative costs. COBRA coverage for an ex-spouse ends after 36 months so you will need to find another health insurance policy after that time period. You should speak with a divorce attorney. The attorney an also recommend you to a health insurance agent who can help you find a health insurance policy if you decide not to elect COBRA coverage.
Consult with an Attorney
If you are obtaining a divorce and are concerned about losing your health care benefits, you should speak with a divorce attorney immediately. The attorney can help you with questions regarding COBRA and answer your questions regarding other divorce issues. The attorney can also represent you in court.
