When going through a divorce in Nassau or Suffolk County, there are a number of important considerations you’ll need to make, such as how you will divide your property and whether or not you want to request alimony. However, among all the other things you must keep in mind, one thing is often forgotten – your health insurance coverage. In most cases, you cannot remain on your spouse’s health insurance after a divorce, as you are no longer legally married. As such, it’s important to understand your temporary options, like COBRA, employer-sponsored plans, and government programs, that can help you maintain coverage. The following blog explores what you should know about these matters on behalf of you and your children, and why you should connect with a Long Island divorce lawyer for further assistance in these matters.
Can I Remain on My Spouse’s Health Insurance After a New York Divorce?
When you and your spouse divorce, it can be overwhelming to consider your own health insurance coverage during this time, but it is crucial for your health and well-being. Generally, for the duration of your divorce, the judge could issue a temporary order that will allow you to remain on your plan. However, this will expire on the date of your divorce, as you cannot remain on their insurance once your divorce is finalized, as you are no longer legally their spouse.
However, you have options. One thing you should consider is obtaining insurance through your employer, if they offer it. If you do not have a job because you were a stay-at-home parent, however, you should familiarize yourself with other options.
What Happens to Health Insurance During Divorce Proceedings
- Courts commonly issue automatic and temporary orders to ensure that all existing health insurance coverage remains during a divorce
- These orders can prevent either spouse from canceling or modifying insurance policies
- Coverage generally remains in place until the divorce is legally finalized
- During this period, researching and securing post-divorce insurance is critical
Health Insurance Options After Divorce
- Employer-sponsored plans are often partially subsidized by your employer
- COBRA coverage, which allows continuation in your plan by remaining on your spouse’s plan for up to 36 months (with critical limitations)
- Affordable Care Act (ACA) marketplace plans
- Medicare or Medicaid, depending on your eligibility
What Is Cobra and How Does It Work in New York?
The first is to opt into the Consolidated Omnibus Reconciliation Act (COBRA), which allows you to receive healthcare from your spouse’s insurance plan. However, this is an incredibly expensive option, as you are responsible for paying the entire premium.
COBRA Coverage Details
- Coverage can last up to 36 months following your divorce
- You are responsible for paying 100% of the premium and any additional fees
- The enrollment window is limited, and failure to enroll can result in the loss of coverage
- Benefits will remain identical to your prior plan
Pros and Cons of COBRA
- Pros:
- No disruptions in doctors or coverage
- Immediate continuation of benefits
- Cons:
- High out-of-pocket costs
- Temporary, non-permanent solution
Will My Children Have Health Insurance Coverage Following a Nassau County Divorce?
In general, your children’s health insurance coverage will not be impacted by a New York divorce. If you are unable to secure health insurance immediately following your divorce, your children will still be included under your spouse’s plan, as they are still dependents of your spouse. This is because it is the courts generally require children to have insurance in court orders.
When working out your custody agreement, you and your spouse can determine how you would like to divide health insurance coverage for your children. Generally, if you include your children in your new plan and are the custodial parent, your ex-spouse would have to pay more in support each month to make up the difference in your contribution. However, if they remain on your ex-spouse’s plan, their monthly payment would likely be reduced as a result.
How Courts Handle Children’s Health Insurance in New York
- New York courts generally require at least one parent to maintain health insurance for their children
- Coverage responsibility is generally determined based on affordability and accessibility
- Costs can be included in child support expenses
- Courts aim to minimize disruptions or lapses in healthcare coverage for children
Children’s Coverage Summary
- Children will typically remain under one parent’s plan
- Courts seek to ensure continuity of coverage
- Insurance premiums can impact support obligations
What Should I Do if I Lose My Health Insurance After a Divorce?
Losing your health insurance following a divorce on Long Island or anywhere throughout New York can be a complicated and stressful matter. However, acting quickly is critical to avoiding a lapse in coverage and potential astronomical legal costs in the event you need care while uninsured. As such, exploring your options early can help you choose the best, most affordable option while continuing your coverage.
Immediate Steps to Take After Losing Health Care Coverage
- Determine COBRA eligibility and enrollment deadlines
- Review if your employer offers open enrollment due to qualifying life events
- Compare ACA marketplace plans for cost and coverage
- Determine if you are eligible for Medicaid or other government-sponsored assistance programs
- Gather documentation required for enrollment
Contact an Experienced Nassau County Divorce Attorney
As you can see, there are many considerations you’ll need to make during a divorce, and making the wrong choice can impact you for years following the dissolution of your marriage. That is why it’s in your best interest to connect with an experienced divorce attorney who can help examine your circumstances to determine the best possible option for you. At Barrows Levy PLLC, we understand how complicated these issues are, which is why we are ready to fight for you. Contact us today for more information.
