Health Insurance After Divorce

One frequently asked question about divorce is, how will it affect my health insurance? Well, let’s find out!

Can I remain on my ex’s health insurance after the divorce is finalized? 

No, you must enroll in a new health insurance program within 30 days of the divorce decree being issued. This 30 day period is considered a special enrollment period because getting a divorce is considered a life event (just like having a baby or moving). If you do not obtain your own coverage during this time, then you will have to wait until the open enrollment period. Open enrollment for the Health Insurance Marketplace is currently November 1 through January 15.

Where can I get my own health insurance?

All Americans are eligible for health insurance through Healthcare.gov. You can also obtain health insurance through your employer, your spouse’s employer, Medicare, or Medicaid. 

You can apply for health insurance coverage and see what plans and subsidies are available to help pay for coverage by applying online at Healthcare.gov

If you qualify for Medicaid or CHIP (Children’s Health Insurance Program), you may enroll or change your plan any time. 

Most people are eligible for significant financial aid!

How can I temporarily continue receiving healthcare through the same program I was using prior to the divorce?

COBRA (Consolidated Omnibus Reconciliation Act) gives workers and their families who have lost their health benefits for a reason such as divorce the option to continue using group health benefits for a limited time. 

Does everyone qualify for COBRA?

No, your group health plan must be covered by COBRA. It is provided to group health plans sponsored by employers that employ at least 20 employees. If you qualify for COBRA, you may required to pay the entire premium for coverage. The covered employee or previous spouse can also elect for any dependent children to be covered by COBRA. 

How long does COBRA coverage last?

COBRA coverage lasts for a maximum period of 36 months after the divorce. A covered employee’s previous spouse who would lose coverage due to a divorce must notify the plan administrator of the divorce within 60 days of the filing of the divorce decree. After being notified, the plan administrator has 14 days to tell you of your right to use COBRA continuation coverage.

Where can I get more information on COBRA?

https://www.dol.gov/general/topic/health-plans/cobra 

At Leslie Copeland Law, we are here to guide you through the divorce and separation process with professionalism, empowerment, and empathy. Give us a call today to see how we can help you.