I want to stay on my spouse’s health insurance upon divorce. Do I have that option?

medical image

The answer is that it really depends upon the circumstances of the specific policy that your spouse has. Most health insurance companies will not allow a divorced spouse to remain on their former spouse’s same medical insurance coverage or policy upon divorce. However, a lot of health insurance providers will offer a COBRA plan. A divorcing spouse that finds himself or herself without medical insurance upon divorce might be able to elect COBRA coverage, but said insurance costs a separate premium. Generally this is paid for at the expense of the party that is using it and it will expire after a certain period of time. Every health insurance policy is unique.

The other option for parties that find themselves without health insurance upon divorce is for those parties to obtain a private or government policy. Sometimes these policies can be more cost effective than COBRA.

Additionally, parties often are concerned about their minor children’s coverage after divorce. When minor children continue to be covered on one parent’s health insurance policy and the other parent is no longer a party to the policy, a Qualified Medical Child Support Order can be entered to allow both parents to contact the insurance company on behalf of the minor children.

Leave a Reply