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Kyle Whitaker Blog

Can I Keep My Health Insurance After Divorce?

Regardless of which state you’re getting a divorce in, health insurance coverage under the policy of a spouse will be terminated after the divorce has been finalized. Most policies, however, permit dependent spouses to obtain coverage through the Consolidated Omnibus Budget Reconciliation Act (COBRA) for 36 months after the divorce.

But whether you can seek COBRA coverage will be dependent on the size of your ex-spouse’s company if they’re insured through their employer. For instance, large and medium companies, those that employ more than 20 people, are required to offer coverage under COBRA. Mini COBRA is also an option if your ex-spouse works for and is insured by a smaller company. Take note, though, that COBRA comes with pricey premiums.

Depending on your situation, health insurance through a private insurer may be better. Also, if you and your spouse cannot agree on health insurance coverage, the judge can decide what’s fair considering your specific circumstances.

Is It Possible to Extend My Health Insurance Coverage After Divorce?

Some couples, particularly those that are divorcing amicably or where the dependent spouse suffers from a health issue, may wish to delay their divorce to extend the dependent spouse’s coverage. In some states, the couple can pursue a legal separation instead of a divorce to extend their health insurance coverage.

But Texas doesn’t recognize legal separations. Fortunately, when you file for divorce, the judge can issue temporary orders that detail both spouses’ responsibilities throughout the divorce process. In most cases, the couple or the dependent spouse can ask the judge to create a temporary order addressing health insurance coverage.

Oftentimes, judges issue temporary orders to prevent the modification of the existing health insurance arrangements pending the divorce. For example, the court may prohibit your spouse from terminating your coverage as retaliation for filing for divorce.

Who Pays For My Medical Expenses After Divorce?

Unfortunately, even if you qualify for COBRA under your ex-spouse’s health insurance policy, you will be responsible for paying your medical expenses and other co-payments that your COBRA coverage doesn’t cover. You will likewise be required t pay your premiums. This is why some people find better and more affordable coverage following the divorce through a private insurance company or their employer’s health insurance coverage.

It’s also worth noting that your child’s health insurance coverage must continue after your divorce. The judge will decide which parent must provide health insurance coverage and pay for the premiums. In most cases, the parent who ends up providing health insurance is the same parent who pays child support, particularly in cases where that parent has more affordable or better insurance coverage.

Discuss Your Case With a Seasoned Fort Worth Divorce Attorney Now

Divorce issues, including health insurance coverage, can be complicated. But seeking legal guidance from our Fort Worth divorce attorney can help ensure that your interests will be protected throughout the divorce process. To learn more about your options, contact the law office of Kyle Whitaker and set up your case review with our Fort Worth divorce attorney by calling 817-332-7703 or completing our online form.