Can my ex husband put me on his health insurance
What can you do if you need to continuing health insurance and divorce threatens to take that away? What about if you want to drop your spouse from your coverage? If you are facing such a situation, the following advice from our legal expert can help you understand your options. Concerning how a legal separation will affect your current coverage, some employers and insurance companies will stop coverage on the date of separation, as opposed to the date of divorce. An attorney can advise you how to handle the situation and what your options are.
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Who Pays for Medical Insurance After Divorce?
It is common in many marriages for one spouse to maintain the medical insurance for the entire family. In many instances, one spouse just has cheaper or higher quality coverage. But what about the matter of divorce and health insurance?
In some situations, there is a spouse that does not work or has employment that does not provide health insurance benefits. No matter the reason, the matter of health insurance must be dealt with as a part of any divorce. For many employer plans, health insurance is provided to eligible dependents of the subscriber. The health insurance company will establish who meets the definition of an eligible dependent.
Children who are eligible can remain on the insurance policy post-divorce. For individuals who do not have access to medical insurance through an employer, they will need to obtain an individual policy, this can be an expensive bill for many people.
If the dependent spouse can acquire their own health insurance through their employer, that would be the best option. A former spouse will not be required to automatically fund a new medical insurance policy regardless of the employment status of either party unless otherwise negotiated in the settlement agreement.
There are other mechanisms to specifically address the health insurance issue, such as:. No matter what option you go with, you will want to be prepared. Communicating with your former spouse, your attorney, and the health insurance providers will make decisions easier for you. The American Psychological Association states that between 40 and 50 percent of married couples in the United States get a divorce.
Fortunately, the Affordable Care Act has you covered. The Affordable Care Act was a comprehensive health care reform law that went into effect in March This law provides people with subsidies that lower health care costs for households.
For those that have a chronic illness, it is illegal for companies to refuse coverage based on pre-existing health conditions. You will qualify for a special enrollment period if you have experienced a qualifying life event, such as a divorce, marriage or the birth of a child. Under the affordable care act, divorcing may save money for both parties through subsidies on their Obamacare policy. Meaning the burden of cost is heavier on a two-person family than on two single people. As a result, there is a financial benefit to getting a divorce or never getting married.
Medical coverage from a spouse can sometimes last way beyond the length of the marriage itself. A former marriage may help you obtain government-sponsored Medicare if you are divorced and approaching the age where you qualify. It is important to understand Medicare after a Divorce. Medicare is a health insurance plan that is offered by the federal government for people over 65, or for some younger individuals who have certain disabilities. A person will generally qualify for Medicare at the age of 65 if they worked for the equivalent of 10 years and qualify for Social Security.
There are some conditions that will need to be met for qualification:. These plans charge premiums. Medigap policies are individual plans; if a couple divorced, they would not necessarily need to change coverage.
It is not unheard of for seniors to divorce so that a sick spouse can have zero income and qualify for more affordable coverage. Medicaid and Medicare can be used together when a person qualifies for both. It is best to contact your state Medicaid program to see if you would be eligible to receive benefits. If you receive more than Medicare Part A, you are likely being charged monthly premiums. If you have divorced and had an income decrease, you may qualify for a lower premium.
You can request a new decision based on a life-changing event, just provide proof of your life-changing event to qualify. There are going to be pros and cons to any decision, we just must choose what is best for us as individuals.
Whether you are on the fence about divorce or indecisive on which insurance policy will be best for you, the only person with those answers is you. If you have questions regarding divorce or insurance, contacting a licensed insurance agent in your state or talking with an experienced family law attorney can help you make the decision that will benefit you the most. Lindsay loves working in the senior healthcare industry.
Aside from her job, she has a great passion for animals and loves boating. In her spare time, she enjoys snuggling on the couch with her pets as well as fishing with her boyfriend. Upon spousal separation in Ohio , does a spouse have to cover dental and vision insurance for spouse in addition to health insurance for sure health coverage? Related Content. Add A Comment Cancel reply. Not when the wife gets her pride and self steam from opposing everything you say and do!!!
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3 Myths Regarding Divorce and Health Insurance
Health insurance is a big expense for many families. Typically, one spouse is offered health insurance through his or her work and the policy provides coverage for the whole family including spouses and children. When this is not the case, the couple may purchase a policy on the health insurance exchange or otherwise buy private coverage. When a couple divorces, the issue of medical insurance after divorce becomes even more complicated.
Some policies will even bump you off the plan after legal separation, says Penny Gusner, a consumer analyst with Insure. There is one way to buy yourself some time: Pay for insurance under COBRA, a provision of the Consolidated Omnibus Budget Reconciliation Act that lets you extend your existing coverage for up to 36 months. Not all plans and circumstances are covered, but organizations with 20 or more employees are typically required to offer the option. COBRA can be a good solution for short-term coverage. The grace period is typically 30 days.
Can I Stay On My Ex’s Health Plan?
Your health is the most important asset you have, and health insurance coverage is a close second. It is very important that there is no gap in coverage, so you must deal with the issue early in divorce negotiations. While your spouse may be required by the court to keep the health insurance for the children, he or she will be unable to maintain the health insurance for you after the divorce. If your employer provides health insurance for you at little or no charge to you, then you are better off obtaining health insurance through your employer. You may also find that other private plans are less expensive and more permanent than the COBRA coverage. COBRA coverage for a former spouse ends within 36 months. So you need to be prepared for this coverage to end and new health insurance to take its place. If you have questions about obtaining new health insurance once the COBRA coverage expires, you should contact someone who is knowledgeable about the different kinds of health insurance plans available in your area, or go online. Note: This information is not to be considered legal advice to create an attorney-client relationship. Laws and practices vary from state to state.
Health Insurance and Divorce - What Are Your Options?
Survive Divorce is reader-supported. Some links below may be from our sponsors. State laws may also come into play. For example, in some states, it is illegal for a spouse to drop the other person from healthcare coverage while a divorce is in progress.
A Guide to Health Insurance During and After Divorce
Maintaining Your Health Insurance After Divorce