Who Pays for Medical Insurance After a Divorce?

When a divorce case begins in Arizona, each spouse must receive a notice advising him or her about rights and responsibilities related to an existing health insurance policy. Health insurance is essential to protecting yourself from financial calamity and to ensuring you receive effective treatment in case of illness or injury. Married couples are often on the same insurance policy, often provided through one spouse’s work. Children should also be covered as well. When a marriage ends, decisions must be made regarding how coverage will be provided to both spouses as well as to shared children. 

Determining who pays for medical insurance after a divorce can be very complicated, and it is one of the most important issues as your marriage ends. A Scottsdale, AZ divorce attorney can help you to protect your health and finances by making sure that fair decisions are made on the costs of insurance coverage. Call Singer Pistiner, P.C. today to learn more.

Who Pays for Medical Insurance After a Divorce?

The question of who pays for medical insurance after divorce is going to need to be answered for each specific couple, based on the facts of their case.

During the process of divorce, a preliminary injunction should prevent your spouse from cancelling insurance for either you or your children. This can protect you from being left without coverage that you need during the time when your marriage is ending.

Typically, when you officially divorce from your spouse, you are no longer entitled to continue receiving insurance benefits through his or her workplace. You may be able to retain the policy for a period of time under COBRA, but the employer will no longer need to pay any portion of premiums which may have been previously subsidized for you. As a result, the costs of maintaining coverage through COBRA can be very costly.

The expenditures associated with obtaining health insurance coverage may be a consideration as you negotiate a divorce settlement or as determinations are made on alimony and spousal support. You may also wish to explore changing to a different policy. The end of your marriage entitles you to enroll on a plan sold on the health exchange created by the Patient Protection and Affordable Care Act (PPACA), even if you are outside of the standard open enrollment period.

After divorce, insurance must also be maintained for children as well. The costs of health insurance can be one of the factors that is used to determine the amount of child support due. Typically, it makes sense for the parent whose workplace policy covers the child to actually pick up the tab for the costs- but this parent may get a credit towards a child support payment for these expenditures if he or she is the non-custodial parent or may receive more in child support if he is the custodial parent and is also paying for insurance coverage.

A Scottsdale, AZ divorce attorney can provide assistance with issues of child custody and with financial matters relevant to your divorce. Call today to schedule a consultation and learn how Singer Pistiner, P.C. can help you.


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