Divorce is a significant legal matter that will upend your life and force you to deal with significant changes. Several issues must be addressed, from divvying up assets to figuring out living situations. While it may not be at the top of your list, to protect your interests and prepare for the future, it’s important to consider how a divorce will affect your health insurance coverage. If you overlook this matter, you could wind up uninsured once the divorce is finalized. To avoid this, it’s in your best interest to enlist the help of a determined Suffolk County Divorce Attorney who can help you make informed decisions during the divorce process.
How is Health Insurance Handled During a NY Divorce?
In the United States, health insurance is a major expense, making it necessary to determine how you will handle it after a divorce. If you are the primary insurance holder through your employer, ending your marriage will not affect your coverage. However, if you are covered under your spouse’s employment-sponsored policy, you will need to obtain new coverage once the divorce is finalized.
During the divorce process, you can stay covered under your spouse’s policy. Once the divorce is settled, you will be removed from their plan as you will be deemed legally estranged. Essentially, you can’t be kept under your spouse’s health insurance because you are no longer classified as a “family member.” This means you have no legal rights to benefit from their healthcare coverage. Therefore, you must plan for your future to prevent being left uninsured once the divorce is concluded.
Fortunately, divorce is considered a qualifying life event. This means you are eligible to enroll in a new insurance plan during a special enrollment period. One option you should consider is the Consolidated Omnibus Reconciliation Act (COBRA) which allows you to remain covered under the same insurance for a limited period after the divorce. However, this is a costly option as the monthly premiums are not subsidized. This means you will be responsible to cover 100% of the premiums. Nevertheless, COBRA can benefit you as it will provide coverage while you look for a plan better suited to your new budget.
Will a Divorce Affect My Children’s Healthcare Coverage?
As a parent, you may worry that your children’s health insurance coverage will be disrupted by a divorce. However, there’s no need to worry as your children can remain on the existing insurance plan as dependents. It’s important to understand that a New York child support order must include details about healthcare. If the custodial parent pays for their child’s health insurance, the court will order the non-custodial parent to provide additional support. If the non-custodial parent pays for their child’s health insurance, their child support order will reflect this contribution. If parents can’t agree on how to allocate the cost of coverage, the court will decide.
As you can see, ending your marriage will impact your health insurance coverage. To avoid being left uninsured, it’s in your best interest to contact a qualified attorney from the Law Offices of Susan A. Kassel, P.C., who can help you negotiate post-divorce insurance coverage. Connect with our firm today to learn how we can fight for you.
