How does divorce affect your health insurance coverage?

During divorce proceedings, both spouses can stay covered by an existing health insurance plan. Once the divorce is finalized, the dependent (former spouse) is no longer eligible for coverage as a “family member” and must find new insurance. One option is the Illinois Spousal Continuation Coverage Law, allowing the dependent-spouse to continue on the current plan at their own expense. The policyholder must notify their employer within 30 days of the divorce decree. Not all plans are eligible, such as those from self-employment or out-of-state. Another option could be the employee spouse financially supporting the dependent-spouse's new insurance plan as part of the settlement.

Can my spouse remove me from health insurance during the divorce process in Illinois?

No, filing for divorce is generally not a qualifying event to remove a spouse from health insurance. Both spouses must remain on the current plan until the divorce is final. If your spouse removes you before the divorce is finalized, you can file an emergency motion to have your coverage reinstated, and they may be responsible for any healthcare costs incurred due to the removal.

Anderson Boback & Marshall

Evaluating the Impact of Divorce on Your Health Insurance Coverage: Essential Tips and Considerations

Published September 13, 2024

Categorized as Divorce

It’s common for a married couple to be covered under one health insurance plan, usually through one of the individual’s employer. The spouse who has the insurance through their employer is the “primary enrollee” or “policy holder.” The spouse of the employee or policy holder is the “dependent” or “family member.” But what happens to

Understanding Parental Child Abduction: Key Facts and Preventive Measures

Published September 6, 2024

Categorized as Child Custody, Family Law

Family law cases, including divorce and parentage matters, often face a serious challenge. This is the risk that a parent or family member might abduct a child. Such actions deny the other parent their lawful time with their children. Child abduction is not only illegal, but also extremely harmful to the children involved. In this

Parental Responsibilities Allocation Judgments & What You Need to Include in Yours

Published September 1, 2024

Categorized as Child Custody

Divorce for couples with children is often a stressful and challenging process, filled with tense moments for both parents and their children. However, recent changes to Illinois Family Law, particularly the introduction of parental responsibilities allocation judgments, have made it possible for many Illinois parents to navigate divorce more smoothly. These judgments, which replace the

Divorce Considerations for Couples with Adopted Children: Legal Tips and Considerations

Published August 24, 2024

Categorized as Adoption, Divorce, Family Law

When parents make the difficult decision to divorce, deciding how they will continue to parent their children and protect their well-being is always the primary concern. This is true for all parents, no matter whether they became parents through biology or adoption. While the way they became parents may vary, the rights and responsibilities of

How Can I Enforce a Court Order Against My Ex?

Published August 22, 2024

Categorized as Child Custody & Visitation, Family Law, Illinois Family Law

If you’re dealing with an ex-spouse who is not complying with a court order, you’re not alone. Many individuals find themselves in frustrating situations where their ex ignores legal obligations, whether it’s related to child support, alimony, or visitation rights. Understanding how to enforce these orders in Illinois is crucial to protecting your rights and

Ways to Avoid Indirect Civil Contempt

Published August 19, 2024

Categorized as Divorce Litigation

Compliance with court orders is a cornerstone of family law, ensuring that all parties adhere to agreed terms and maintain fairness in proceedings. In Illinois, indirect civil contempt is a key mechanism used by courts to enforce compliance, addressing situations where individuals willfully disregard their legal obligations. Understanding this concept is crucial, as failure to

Year: 2024

Evaluating the Impact of Divorce on Your Health Insurance Coverage: Essential Tips and Considerations

Understanding Parental Child Abduction: Key Facts and Preventive Measures

Parental Responsibilities Allocation Judgments & What You Need to Include in Yours

Divorce Considerations for Couples with Adopted Children: Legal Tips and Considerations

How Can I Enforce a Court Order Against My Ex?

Ways to Avoid Indirect Civil Contempt

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