Wether a divorce is a bitter battle or a simple agreement, there is a matter of time involved in the divorce process. There are many critical things to consider. One of these is health insurance. It is imperative to know the details regarding health insurance and coverage options during a divorce; herein you will find some of those answers.
Divorce Health Insurance
When a petition for dissolution of marriage (divorce), is filed, most jurisdiction make the couple wait ninety (90) days until they will grant the dissolution. Sometimes all is not resolved during this ninety (90) day period, thus making the divorce proceedings longer. During a divorce many things are often divided and taken away. Health insurance cannot be divided, but in most cases either one person or the other is the primary holder of the insurance, thus leaving their former spouse with no coverage. There are some ways to continue coverage though, see below
Coverage
Throughout the divorce proceedings the court enters an automatic restraining order. This order protects from several things, but it prevents one of the spouses from removing the oher from their health insurance policy. The coverage will continue throughout the divorce proceedings.
Some insurance plans are regulated by law, in which the former spouse can continue to be covered for the duration of their life, or until they re-marry, unless there are other agreements made throughout the divorce which then will exclude this member from the health coverage.
Other insurance policies are Self Insured. This means an employer provides the policy and coverage to it's employees and their families but the employer is actually the insurer. They will then pay a third party for claims and administrative duties regarding the policy. If this is the type of coverage one of the spouses has, of course the coverage will continue during the duration of the divorce, but then it is at the discretion of the policy holder (spouse), whether or not the other spouse will be able to continue coverage.
COBRA - this is a form of coverage that is available to a former spouse for thiry-six (36) months after they have been removd from the other policy. It will continue the same coverage, but the individual will have to pay 100% of premiums rather than the previous rate.
Legal Help
If you need assistance with your divorce or feel your rights regarding health insurance during divorce have been comprimised it is important to contact a qualified attorney in your area. An attorney will be able to assist you with your divorce health insurance and make sure you are treated fairly.
