Divorce and Health Insurance

If your health insurance is through your spouse’s plan, you need to understand your rights and how you can continue to maintain coverage for yourself.

COBRA

The simplest way to maintain health insurance after your divorce is to remain on your spouse’s plan. If your husband or wife is employed at a company that has more than 20 employees, a federal law called COBRA (Consolidated Omnibus Budget Reconciliation Act) applies. This law requires the employer to allow you to continue the same coverage. You have 60 days to notify the company that you want the coverage and then you will be responsible for paying them the entire cost of your policy. Note that this may be more than your spouse currently pays for the plan since the employer likely covers part of the cost. You can keep this coverage for up to 36 months after your divorce.

Your Own Employer

If you are employed and your employer offers health insurance, you may be able to obtain coverage that way and this could be less than paying for the COBRA plan through your spouse’s employer. Check with your human resources department about enrollment dates.

Affordable Care Act

Another option for obtaining coverage is to purchase it through the plans made available through the Affordable Care Act. Arizona’s Health Care Exchange site provides information about the policies and costs. A divorce is considered a qualifying event and allows you to sign up even if there are no current open enrollments.

Remember that health insurance is now required under the Affordable Care Act and you must obtain coverage. Compare the rates and polices available to you from all sources and find the one that best works for you.

For advice and assistance with your divorce in Maricopa County, contact the Sampair Group. Call us today for a convenient appointment.