Health Insurance After Divorce
Will you be covered after a divorce?
In many marital breakups, making arrangements for health insurance after divorce is a major concern. At Bryan L. Salamone & Associates, P.C., we represent Long Island residents who will no longer be covered by the insurance provided by their spouse’s employer once the marriage ends. We also serve as clients who are covered under employer plans but are being asked to fund premiums for their soon-to-be ex. We possess a thorough understanding of the available options and will use our experience in this area to pursue a fair resolution for you.
Common options for continued insurance coverage after divorce
Once a divorce is a final, the spouse of an employee does not qualify for benefits under the employer’s health insurance plan. The spouse has the option of obtaining coverage for up to 36 months under the Consolidated Omnibus Budget Reconciliation Act (COBRA). However, COBRA benefits are not funded in any way by the employer of an ex-spouse, so they can be quite expensive. A husband or wife who is planning to purchase COBRA health insurance might want to negotiate for a settlement that partly pays for the premiums. Alternatively, a divorcing spouse who works could opt to use their own employer’s plan. Another option is individual coverage available through New York’s health insurance marketplace.
Are children covered by health insurance after divorce?
A key priority for parents getting divorced is determining how their children’s health insurance coverage will be provided. Even if a parent does not have custody of their children, their employer-sponsored policy can cover their sons and daughters. Under New York’s child support guidelines, the parent who pays for children’s health insurance premiums can receive a corresponding adjustment to their child support obligation.
Impact of a marital agreement on health insurance
Prospective spouses who don’t plan to work outside the home, might want to negotiate a health insurance provision in their New York marital agreement. One way is to include language by which the higher-earning party agrees to make COBRA payments or to fund individual health insurance for a given period following a divorce. This provision should be enforceable as long as the document complies with state law and there has not been a change in circumstances that would make applying the agreement unconscionable.
Including health insurance in an alimony settlement
Alimony agreements can include payment of medical insurance premiums for a timeframe determined by the parties. A husband or wife who would lose coverage upon termination of their marriage can request that the court include payment of health insurance premiums as part of their maintenance award. Our attorneys will evaluate the facts in your case to assess whether this is a worthwhile request.
How long will health coverage last after divorce?
Following a divorce, an employee’s former spouse can purchase COBRA coverage for a period of 36 months. This period is twice as long as the timeframe for workers whose health insurance is terminated when their employment ends. If you are negotiating divorce terms and health insurance is an issue, you should review various options to evaluate which carrier offers the best rates and coverage. From there, you can shape your divorce settlement to provide payments for a period that is long enough to obtain coverage on your own.
Speak with an experienced Long Island divorce lawyer
Bryan L. Salamone & Associates, P.C., advises clients throughout Long Island on a full range of issues relating to New York divorces, including arrangements for health insurance coverage after the marriage is dissolved. Please call 631-388-6009 or contact us online to learn about your options from an accomplished family lawyer.