Understanding What Divorce Means For The Future Of Your Health
If you are preparing for a divorce, you are likely compiling a list of assets you and your ex-husband shared. However, you are likely forgetting about your most important asset. Your health! Approximately 115,000 women end up losing their health care coverage each year because of divorce. Fortunately, there are a few things you can do to protect your health in the wake of a divorce.
Request Continued Coverage through COBRA
The COBRA Act provides continued health insurance coverage to employees and their spouses, including former spouses, and any dependent children in instances where you would otherwise lose group health coverage.
Keep in mind that the insurance premium may be higher, but a judge may order your ex-spouse to pay the premium. If your spouse is ordered to pay insurance premiums for health insurance coverage, it may lower the amount your spouse has to pay out for child support.
Request Continued Coverage for the Children
Just because you and your spouse are getting a divorce does not mean that your spouse is not responsible for the children the two of you have. Therefore, you can make a request that your spouse continue to carry the children under their health insurance plan.
If your ex-spouse covered a child that is not biologically related, your ex-spouse then has the right to deny health insurance coverage of that child. However, a judge may decide to grant continued coverage for that child while you make other arrangements.
If your ex-spouse chose to adopt that child while the two of you were married, then it is your ex-spouse's legal obligation to continue providing coverage. A judge will determine which parent should provide coverage for you and the children once the divorce is underway.
Request Health Insurance as Part of Alimony
Depending on the financial position of you and your ex-spouse while the two of you were married, a judge may grant you alimony. Alimony may be granted to you if you find that your spouse provided most of your financial well-being.
As part of your alimony, you can request that you spouse provide either health insurance coverage or perhaps pay at least part of your medical bills. This is of particular importance if you suffer an ongoing medical condition or disability.
Keep in mind that alimony is separate from child support. Therefore, you can request both alimony for yourself and child support for your children. Keep in mind that the amount of alimony your ex-spouse has to pay may change if you should find new employment or get married.
If you are to remarry, your new spouse will then be the one to provide health insurance coverage if you do not provide it for yourself. However, your ex-spouse will still have to provide health insurance coverage for the children the two of you had together.
Hire a Divorce Lawyer for Assistance
The legalities regarding health insurance and divorce can be a bit tricky. Make sure you have a qualified divorce lawyer by your side to assist you throughout the divorce proceedings. A lawyer can make health insurance requests based on the details of your situation.
Make sure you have all of your paperwork with you when you go to court, which includes your monthly expenses and any proof of medical expenses. Your lawyer can look over all of your paperwork and read more about your financial situation to determine what your best approach will be.
Based on the information you provide, the judge may determine that it is better for your spouse to continue health insurance coverage for you and the children. However, if it is determined that you are financially capable of carrying your own health insurance coverage, the judge may decide to allow your ex-spouse to drop your coverage.