One of the major issues that divorcing couples have to deal with is whether or not the dependent spouse can stay on the health insurance plan after the divorce is finalized.
In Arizona, dependent spouses have the right to continuing health insurance coverage while the divorce proceedings are still ongoing. This means that the policyholder is not allowed to cancel or modify the plan during this period.
If the policyholder removes the dependent spouse from the plan, the latter can ask the court to order their reinstatement.
Health insurance, however, can become contentious when the divorce decree is issued. While dependent children will continue to enjoy coverage under an existing plan, dependent spouses may either be dropped from it or forced to seek other options.
An Arizona divorce attorney can help you understand health insurance issues pertaining to a divorce.
How Long Can a Divorced Spouse Stay on Insurance?
For dependent spouses who are covered by their ex-spouse’s health insurance plan through the latter’s employer, it’s highly recommended to start looking for other options before the divorce is finalized.
They can, for instance, find out if they qualify for health insurance through their own employer or other organizations that they belong to.
If the dependent spouse chooses to keep the same insurance, they can seek Consolidated Omnibus Budget Reconciliation Act (COBRA) coverage. Under this law, a dependent spouse can stay on their ex-spouse’s plan for up to 36 months. However, it’s important to note that the employer may or may not offer the same cost.
In most cases, the dependent spouse will be charged the full insurance cost—without the employer subsidy. Premiums can be expensive under COBRA, so most dependent spouses will seek alternative plans after a divorce.
Who Pays for Insurance Premiums After a Divorce?
It’s quite common for the working spouse to continue paying for health insurance, especially in divorce cases involving single-income households. However, the issue essentially boils down to what is agreed upon by both parties. The couple may agree to be individually responsible for their health insurance policies and premiums. They may also decide to have one spouse paying for both until the other remarries or for a specified period of time.
It’s unlikely for one spouse to graciously pay for the premiums unless it’s clearly spelled out in the divorce agreement. This is why having a divorce lawyer is crucial during negotiations.
An Arizona divorce lawyer will work hard to get the best outcome for their client.
Contact an Arizona Divorce Attorney Today
Losing health insurance can be terrifying for anyone. Because of the complicated laws governing health insurance, you should consult with a qualified and experienced divorce attorney as soon as possible if you’re considering getting a divorce. They’ll help you make an informed choice and aggressively fight for the best outcome on your behalf.
At Goldman Law, we can help you understand your options to ensure that you and your children are covered by an adequate health insurance policy during and after your divorce.
Call (602) 698-5520 or send us a message to get started.