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Georgia Health Insurance and Divorce

Health insurance is a hot topic in our country today.  One benefit to being married is that a spouse and children can be covered under the other spouse’s health insurance policy.  Even if both spouses are employed and have the option of health insurance through their employment, often one spouse will have better health insurance and, thus, the entire family will opt to be covered under that policy. But what happens if the spouses divorce?

If the family were covered under one parent’s employer’s health insurance policy, it would likely be beneficial for that parent to retain the same coverage for himself and the children.   Once the divorce is final, however, the other parent will no longer be able to be covered under that policy and will be responsible for obtaining his/her own insurance.  That parent will have the opportunity to continue coverage under the same policy through COBRA, but that option is often cost prohibitive for many people.  As such, that parent will have to research to find the best health insurance for his/her situation, be it through his/her employer, Obamacare, or otherwise.  In some divorce situations, if only one parent is employed, that parent may agree pursuant to a settlement agreement, or be ordered by the court, to pay for the health insurance for the other parent for a certain period of time.

The parent paying for health insurance for the children after the divorce is eligible for a deduction on his/her child support payments for the amount attributable to health insurance (assuming the parent is contributing an amount in excess of what his/her employer is paying).  Generally, the parents will then equally split any co-pays and uncovered health expenses for the children.

The important thing is to make sure your health insurance does not lapse as a result of your divorce.  If you are covered under your spouse’s policy, begin doing research now to determine what the best health insurance option will be for you post-divorce.




General Family Law
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