LEGAL ALLIES, TRUSTED PARTNERS

What happens to my health insurance when I divorce?

On Behalf of | May 6, 2021 | Uncategorized

There are many aspects of life that divorce impacts and the majority of them are monetary. However, you may not consider health insurance and how you keep your coverage or how to pay for it.

In California, there are laws pertaining to this issue that lay out whether one party pays for insurance and how long joint coverage lasts, if at all. If you have children, it is especially important to understand how this impacts them.

Temporary restraining orders

When a couple first files for divorce in California, a temporary restraining order bars either divorcing party from making changes to insurance plans, including health insurance. This prevents one parent from removing the other parent or any children from a policy, thus continuing coverage at least until the signing of the divorce settlement.

Some couples may choose to terminate their health insurance coverage at this point if they both have the means to pay for new policies, but it is often easier to wait until the completion of the divorce proceedings.

Health insurance after divorce

After finalization, divorced individuals will likely have to obtain their own health insurance policies. However, some couples may decide that one party will continue to pay for coverage of the ex-spouse, as well as the children, simply due to the fact that he or she has the higher income.

Divorcing couples have a lot of things to decide when they choose to go their separate ways, and health insurance is an issue that may not receive enough consideration.