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Can I Keep My Health Insurance After a NJ Divorce?
Going through a divorce is a disruptive and troubling experience, as it upends your life and forces you to deal with significant changes. It’s important to prepare yourself for the changes ahead to safeguard your future. One of the many issues people overlook is how a divorce will affect their health insurance coverage. Consequently, they are left uninsured once the divorce is finalized. To avoid this, it’s in your best interest to connect with a determined Ocean County Divorce Attorney who can help you make informed decisions about your future.
How is Health Insurance Handled During a NJ Divorce?
For most families, health insurance is a major expense. As such, it’s necessary to determine how you will handle it after your divorce. In some cases, couples agree that one of them, typically the spouse who had coverage through work, will pay for the other’s coverage for a certain amount of time following the divorce. Another common arrangement is for one spouse to pay the other a lump sum that will be enough to pay for the health insurance plan for a certain period. It’s important to negotiate health insurance as part of your divorce settlement agreement as most employer-provided plans will not allow continued coverage for an ex-spouse.
If your spouse provides healthcare coverage for the family, you will need to obtain your own coverage once the divorce is finalized. During the divorce process, you will remain under their plan. However, after the divorce is settled, you will be removed from their policy as you will be legally deemed estranged. This means you are no longer classified as a “family member.” That said, it’s crucial to plan for your future to avoid being left uninsured.
One option you should consider is the Consolidated Omnibus Reconciliation Act (COBRA) as healthcare coverage because it allows you to receive continued health insurance under your spouse’s policy for a limited period after the divorce. However, this is a costly option as the monthly premiums are not subsidized, meaning you will be responsible for covering 100% of the premiums. Despite the expense, this will provide coverage until you can secure a better-suited plan that meets your needs.
Will a Divorce Impact My Children’s Healthcare Coverage?
As a parent, it’s natural to worry about whether dissolving your marriage will affect your children’s health insurance coverage. Fortunately, there’s no need to worry as your children are considered dependents of both you and your spouse. Essentially, this means they can remain on a parent’s plan even if they don’t reside in the same household with that parent.
It’s important to note that child support orders and insurance coverage are typically intertwined. Generally, when the custodial parent covers their child’s health insurance, the court will order the non-custodial parent to make up the difference by providing additional support. If the non-custodial parent covers their child’s health insurance, their support order would reflect this contribution. If parents can’t agree on how to handle the insurance of their children, a judge will decide for them.
As you can see, dissolving your marriage will significantly affect your health insurance coverage. At the Law Office of Sarina Gianna, LLC, we are prepared to help protect your legal rights and fight for your future. Connect with our firm today to learn more about how we can assist you during these difficult times.
