It is inevitable that the legal process of a divorce will bring about several changes in the lives of each spouse. One of the major issues that couples have to consider is the impact that a divorce will have on their health insurance. This is particularly important because many households rely on the policy of one individual to provide the insurance benefit for the household. However, once the divorce is final the other spouse will no longer be able to keep the coverage for themselves and will have to obtain their own policy. Similar to the loss of a job, the non-policy holding spouse will have the option of continuing coverage through COBRA or obtaining a new policy through the Health Care Marketplace.
This issue comes up during the pendency of the divorce as well. Legally, there is not a bar to prevent a spouse from dropping another spouse from a health insurance policy while the divorce is pending. However, the Court may issue an order requiring the other party to continue the policy until the divorce is final. The Court can also order, either through it’s own determination or by agreement of the parties, that one party provide and maintain an insurance policy for the other spouse.
Ultimately, health insurance policies are governed by strict regulations which determine who can be covered by a policy. When a person is married or divorced it is categorized by most providers as a “Qualifying Life event”. This allows the policy to be modified, as in adding a beneficiary in the event of a marriage or the removal of a spouse in the event of a divorce. Unfortunately, the impact of a divorce on coverage has made some couples delay the divorce out of fear of these consequences. At the Faucette Law Firm we specialize in guiding our Douglasville, Atlanta and Marietta community through these difficult issues. An experienced attorney can advise you of all your rights. We handle divorce, custody, child support, spousal support and modifications. Contact our law firm today for a consultation.