If your spouse works at an employer with less than 20 employees, a mini-COBRA plan may be available. To qualify, a spouse’s company must employ at least 20 people, and insurance must already be offered as a benefit through the employer. However, most insurance plans allow an ex-spouse to get health insurance through COBRA for up to 36 months following a divorce. Can I stay on my ex-spouse’s health insurance after divorce? Will I automatically be removed once the divorce is finalized?įederal law dictates that health insurance coverage ends as soon as you are divorced. If you’re heading for divorce, you should take time to understand these rights and make them an integral part of the divorce process. There are many possible scenarios, but the bottom line is that you do have certain rights that you can exercise. The spouse will be required to add the person back on to the policy and incur any additional costs to do so. ![]() If a spouse violates that order and drops a spouse anyway, the spouse that loses coverage can file a petition for a violation of the court order. They will be able to do so as long as they pay the healthcare plan premium.Īlso, during a divorce, temporary orders by the court may mandate that a spouse continue to provide health insurance until a divorce is finalized. ![]() A spouse will have 60 days to notify the employee’s health plan administrator that they would like to continue coverage. However, a spouse does have rights under COBRA to continue coverage. In all cases following a divorce, an employer will no longer cover a spouse under an employee’s healthcare policy. Other states view legal separation as the same as divorce, and a spouse may be dropped from coverage just as they would if they were divorced. For example, in some states, it is illegal for a spouse to drop the other person from healthcare coverage while a divorce is in progress. One of the things I get asked about all time is what’s the difference between an HMO, PPO, and POS. Continued coverage under COBRA (or state mini-COBRA).You have many options when it comes to health insurance. Your rights to continue health insurance after divorceĬontinuing health insurance after divorce will depend on your situation. To find out, you’ll have to compare your options. COBRA is typically the most expensive, but not always. If that’s not an option, then your primary choices are COBRA or a private plan (aka Affordable Care Act plans).If you’re employed, your best bet is typically to enroll in your employer’s health insurance plan. If you’re covered on your spouse’s health insurance plan, you will need to find new health insurance after your divorce.Even MORE FAQs about health insurance and divorce.Where are some resources I can go to for more information?.What are the tax implications for various healthcare options I may choose?.Can a new spouse add our children to their health insurance?.Paying health insurance premiums if you are the primary custodial parent. ![]() What are my options for health insurance if I am pregnant?.A few things to consider when shopping for Affordable Care Act health insurance.Can I stay on my ex-spouse’s health insurance? Will I automatically be removed after a divorce?.Your rights to continue health insurance after divorce.Options for Your Health Insurance During and After Divorce: Here’s What You Need to Know That’s why we put this comprehensive resource together – to try to make things just a little bit easier for you during this challenging transition. It goes without saying that determining how to handle health insurance coverage for you and your children is absolutely critical. There’s a myriad of choices and it can all be very confusing to sort through. This is the complete guide to understanding your health insurance options during and after divorce.
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