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Health Insurance Options After Divorce

Publish Date: 12/09/2024

What You Need to Know About Health Insurance Post-Divorce

Divorce brings a wave of change, and one critical aspect is health insurance. For many families, being married often means spouses and children benefit from coverage under one spouse's employer-sponsored health plan. But what happens to health insurance when the marriage ends? Here's what you need to know to navigate this transition smoothly.

COBRA Coverage After Divorce

The Consolidated Omnibus Budget Reconciliation Act (COBRA) provides divorced spouses with the option to continue health insurance coverage through their former spouse's employer. This coverage is available for up to 36 months, depending on individual circumstances, and premiums are capped at 105% of the current group rate.

However, COBRA eligibility comes with strict timelines:

· 30-Day Deadline: You must apply and pay for COBRA coverage within 30 days of the divorce.

· 60-Day Notification Window: Inform the health insurance administrator within 60 days of the divorce.

Missing these deadlines means forfeiting the right to COBRA coverage.

Alternatives to COBRA

While COBRA can be a valuable option, its cost may be prohibitive for some. Alternatives include:

· Employer-Sponsored Insurance: If you are employed, explore coverage options through your workplace.

· Health Insurance Marketplace: Affordable Care Act (Obamacare) plans may offer suitable and cost-effective coverage.

· Court-Ordered Agreements: In some cases, a settlement agreement or court order may require the employed spouse to pay for the other spouse's health insurance for a specified period.

Managing Children's Health Insurance

When children are covered under one parent's employer plan, it's often beneficial for that parent to maintain the policy. Post-divorce, the cost of children's coverage may be considered in child support arrangements. Typically, parents split out-of-pocket expenses, such as co-pays and uncovered medical costs.

Proactive Steps to Avoid Lapses


To ensure uninterrupted coverage, start planning as early as possible:

1. Research health insurance options that fit your needs.

2. Consult with your former spouse or their employer about COBRA and other options.

3. Monitor federal health insurance laws, as statutes and deadlines can change.

Divorce is a major life transition, but losing health insurance doesn't have to be part of it. By understanding your options and acting swiftly, you can secure the coverage you need for a healthier future.

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Divorce Process
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