Your Health Insurance Options After a Divorce

The state of New York does not require health insurance companies to provide insurance for divorced spouses. This means you or your spouse may lose your health insurance when you get divorced, if one of you was under the other spouse’s policy.

Here is a quick overview of the options you do have to stay covered:

• COBRA: The Consolidated Omnibus Budget Reconciliation Act (COBRA) provided spouses who had been covered under an ex’s plan to obtain the same coverage from the same insurance provider for up to 36 months. Keep in mind, though, that this coverage can be quite expensive, because you are in charge of paying the full amount of the premiums without any employer contributions.
• Private insurance: You can opt to take out an insurance policy with a private insurance provider. It is highly recommended you shop around for the best rates before making a decision.
• Affordable Care Act: Affordable Care Act insurance is also available, though you’ll need to make sure you enroll during the enrollment period. Check and see what ACA options you have available to you in your area.
• Settlement: Your divorce decree could address health insurance coverage, requiring one spouse to purchase and maintain an individual health insurance plan for the other. However, under New York law, such arrangements can only last as long as the paying spouse is also required to pay alimony.
• Children: Note that children will not lose their health insurance at divorce, as they can be eligible for insurance under either parent’s coverage. New York law also requires each parent to contribute to the cost of health insurance as part of child support.

For more information about health insurance after a divorce, contact an experienced Long Island divorce lawyer at Bryan L. Salamone & Associates.