Divorce is a difficult and stressful time for both parties. Apart from the emotional turmoil that divorce brings, there are also practical issues to worry about. One of these issues is the status of your health insurance during and after the divorce.
In Ohio, health insurance is considered a marital asset, which means that it can be divided during a divorce case. However, the process of dividing the insurance coverage can be complicated, and it is important to understand your rights and options.
Health Insurance Coverage During Divorce
During the divorce process, if you are covered under your spouse’s health insurance policy, your coverage will usually continue through the end of the month in which the divorce is finalized. However, this may vary depending on the specifics of your insurance policy and any court orders related to your divorce case.
If you are the primary policyholder, you may be required to provide health insurance for your spouse until the divorce is finalized, by signing up for COBRA health insurance. COBRA is a federal law that allows individuals and their families who lose their health benefits due to a divorce or any other reason, to continue their group health insurance coverage for a limited time at their own cost.
Health Insurance Coverage After Divorce
After the divorce is finalized, you will need to find new health insurance coverage. If you are employed and your employer offers health insurance benefits, you can enroll in the policy during the next open enrollment period. If you are not employed, you may need to obtain individual health insurance coverage through the Affordable Care Act (ACA) or private insurance.
If you have children, they may be covered under your spouse’s health insurance policy even after the divorce is finalized. In such cases, child support orders may require the primary custodial parent to carry health insurance coverage for the children.
Negotiating Health Insurance Coverage
During the divorce process, you may negotiate health insurance coverage with your spouse, particularly if one of you has better coverage than the other. One option is to include health insurance in your divorce settlement agreement. This agreement can dictate who the primary policyholder will be for your children’s health insurance, and how the cost of health insurance will be shared.
Determining the cost of health insurance can also be a point of disagreement. You may agree on which policy to carry, but not on who will pay for it. These issues can be included in the child support or spousal support calculations.
Conclusion
Divorce can have a significant impact on your health insurance coverage, both during and after the divorce process. Understanding your options and working with an experienced lawyer can help ensure that your health insurance coverage is adequate and that you are not left without coverage.
It is important to consider health insurance as a part of the overall divorce settlement, as it can have long-term implications for you and your children. If you have questions or concerns about the impact of a divorce on your health insurance coverage, consult with a local family law attorney.