Health insurance is expensive. If both spouses have their own insurance plans, health insurance coverage isn’t typically an issue during a divorce.
However, both spouses may have health insurance from one spouse’s employer. In this situation, a divorcing couple must decide what will happen to their health insurance when the divorce is final.
Health Insurance While Divorce Is Pending
Until your divorce is final, your health insurance coverage should continue as it was before filing for divorce. Whether you are the spouse who petitioned the court to end the marriage or the spouse responding to the divorce complaint, your health insurance should remain unchanged.
Virginia law specifically provides this protection to both spouses by allowing the court to order the continuation of health insurance coverage while divorce proceedings are pending. Therefore, if a spouse tries to end health insurance coverage for the other spouse before the divorce is finalized, and the insured spouse objects to the end of that coverage, the court may order health insurance to continue.
Health Insurance After Divorce
Health insurance coverage for a spouse should continue during a divorce, but it will not continue unchanged after a divorce. Health insurance companies allow spouses to cover family members on their health insurance policies, but once you are divorced, you are no longer legally related, and your ex-spouse cannot include you on a health insurance policy.
After the divorce, your health insurance coverage options may include getting:
- Health insurance through your own employer. A divorce is a triggering event that allows you to sign up for health insurance outside of your open enrollment period.
- COBRA coverage for a period of up to 36 months. You must notify the administrator of your ex-spouse’s health insurance plan of your decision to use COBRA within 60 days of your divorce.
- Private health insurance. Private insurance can be very expensive. While your ex-spouse may not have to pay your health insurance premiums, the cost should be considered when determining spousal support.
If you have children, their health insurance coverage should be part of your child support agreement. Additional options may be available for military families.
Contact KFFJ Law
Don’t get caught by surprise with substantial health insurance costs after a divorce. Instead, make sure your health insurance needs are considered in your Virginia divorce agreement. Please read our free article for more tips on planning for divorce, or contact us today to get your questions answered.