How Does a Divorce Impact Health Insurance in New York?
Divorce is never easy, as it comes with many changes. This complicated process requires both parties to consider several things that will significantly impact their future. Among these is the impact a divorce can have on your health insurance. If you receive your health insurance through your spouse, you will likely lose coverage once the divorce is finalized. Therefore, seeking the legal assistance of a proficient Nassau County Divorce Attorney who can help you explore healthcare options and make the best choices during the divorce process for your particular circumstances is essential.
How is health insurance handled during a New York divorce?
If your spouse provides healthcare for the family, you must find your own coverage once the divorce is settled. Fortunately, you can stay on your spouse’s insurance while the divorce is in process. After a divorce petition has been filed, your spouse cannot remove you from their insurance policies. Nevertheless, once the divorce is granted, you will lose your health insurance coverage as you will be deemed legally estranged. If your spouse’s insurance is a family plan, you will have no rights as you are no longer family.
What is COBRA?
You should consider your healthcare options if you will be kicked off your spouse’s insurance once the divorce is settled. The Consolidated Omnibus Reconciliation Act (COBRA) allows you to receive continued healthcare insurance on your spouse’s policy for a limited period, even when you’re no longer married. Unfortunately, this option is costly as the employer will not subsidize the monthly premiums. This means you will have to pay 100% of the premiums, and failure to pay could leave you without coverage. However, this option will ensure coverage while looking for a plan better suited to your needs and budget.
Will my children’s coverage be affected by the divorce?
Understandably, as a parent, you may be worried about how ending your marriage will affect your children, especially when your insurance comes from your spouse. However, there’s no need to worry, as your children will not lose their coverage. This is because they are dependents of both you and your spouse. Under federal law, children must have health insurance coverage. Therefore, child support and insurance coverage are often linked when a couple splits.
When you iron out the terms that will apply to the termination of your marriage, you will have to consider how your child’s health insurance will be covered. In most cases, when the non-custodial parent pays for their child’s insurance, their child support order would reflect this contribution. This means their payments would be calculated based on the amount paid for their insurance. When the custodial parent pays for their child’s insurance, the court will require the non-custodial parent to make up the difference by providing more support.
As you can see, divorce can significantly impact your health insurance. If you’re facing a divorce, it’s in your best interest to contact a skilled attorney from The Pollack Law Firm, P.C., who can help you fight for the best possible outcome.
