Health Insurance Coverage After Divorce
If your spouse has been the
breadwinner during the marriage, and you have had health insurance coverage
through your spouse, you may be concerned about maintaining health insurance
coverage after getting divorced. You may have several options available to
maintain health insurance coverage after the entry of the divorce decree.
Health Insurance Coverage During Divorce Litigation
Generally, courts throughout Georgia
will issue their Standing Order once a divorce lawsuit is initiated. One
county's Standing Order may be different from the one issued in another county.
However, Standing Orders generally contain a provision ordering both parties to
maintain health insurance coverage in place at the time of the filing of the
divorce lawsuit. For example, Fulton County Superior Court's Automatic Domestic
Standing Order states, in relevant part, as follows: "Each party to a divorce …
action is hereby enjoined and restrained from altering, suspending or
terminating any insurance coverage in effect as of the date of the filing of
this action, including, but not limited to, health insurance…." Also, Gwinnett
County Superior Court's Mutual Restraining Order states, in relevant part, as
follows: "Each party is hereby enjoined and restrained from cancelling or
changing auto, health, or life insurance for the parties, or the parties'
children, currently in place."
Therefore, if you have health
insurance coverage through your spouse, your spouse must maintain the health
insurance coverage during the divorce litigation.
Health Insurance Options
Generally, after the divorce is
finalized, you will not be able to remain under the health insurance policy
provided through your ex-spouse's employer. You may be able to maintain the
same health insurance coverage under the Consolidated Omnibus Budget
Reconciliation Act ("COBRA") for three years after the entry of the divorce
decree. However, temporary health insurance coverage under COBRA may not be
cheap, and you may be required to pay 102% of the premium out of pocket.
Divorce may be a triggering event to
allow you to enroll in a new health insurance coverage through the Marketplace.
That is, while enrollment in Marketplace health insurance policy is limited to
the Open Enrollment period, divorce or legal separation with loss of
health insurance coverage may be a triggering event for a Special Enrollment
Period. See generally 45 C.F.R. § 155.420(d)(2)(ii)("Special enrollment
period.") ("At the option of the Exchange, the enrollee loses a dependent or is
no longer considered a dependent through divorce or legal separation as
defined by State law in the State in which the divorce or legal separation
occurs, or if the enrollee, or his or her dependent, dies.")(emphasis
added). "Legal separation," as that term is used in 45 C.F.R. §
155.420(d)(2)(ii), refers to a situation where a decree of separate maintenance
is entered. See, e.g., 26 C.F.R. § 1.7703-1 ("Determination of marital
status.").
If you think that you will not be able
to fund your own health insurance policy via the Marketplace after divorce or
obtain a new one through employment, then perhaps you should consider
requesting the court to order your spouse to fund your new health insurance
coverage after divorce (for example, as alimony). If the court orders your
spouse to fund your new health insurance coverage after divorce and your spouse
fails to do so, then your spouse may be held in contempt of court and may be
liable to you for any out-of-pocket costs you incurred due to your spouse's
failure to fund your health insurance coverage after divorce. See, e.g.,
Blair v. Blair, 272 Ga. 94 (2000) (holding that the ex-husband became a
self-insurer of the ex-wife during the period of time that the ex-husband
failed to provide the ex-wife with health insurance coverage that was
equivalent to the one she had prior to getting divorced and that the ex-husband
was liable to the ex-wife for her medical expenses that would have been covered
under the pre-divorce decree policy where the divorce decree ordered the
ex-husband to maintain health insurance for the ex-wife equivalent to the
coverage she previously had before divorce).
Due to the costs of healthcare, health
insurance coverage may be an important issue in a divorce case. Consult with an
experienced Georgia Divorce Lawyer if you have concerns about your ability to
maintain health insurance coverage after divorce.