Can I Retain My Health Insurance Coverage after a Divorce?

In a majority of complicated divorce cases in California, there is often a partner who is constantly fretting over whether or not he or she will retain the health insurance coverage after the divorce. The health insurance costs in America are extremely high, and losing on such enormous amount of money can be a huge setback for most. If a partner does not retain the health insurance coverage of his or her ex spouse post a divorce, he or she might have to obtain a fresh insurance from the open market, which will often imply a substantial investment.

When does the court allow you to retain your ex partner’s health insurance coverage? 

Although, in a majority of cases the ‘continuation of coverage’ is cited as temporary by the federal and state laws, there are certain circumstances wherein an ex spouse is liable to compensate the uninsured partner for indefinite health insurance coverage. In some cases, the divorcing parties might reach a mutually agreed settlement which puts the insured spouse under the obligation of making regular cash payments to the other partner in lieu of the indefinite health coverage. In addition to this, there are certain other provisions which require the insured spouse to take up a new health insurance plan which will be able to provide indefinite coverage to the uninsured spouse as well. In case, the uninsured partner is granted the sole custody of the couple’s children, the new health insurance plan is bound to provide coverage not only to the custodial parent but also to the children. 

Retaining your health insurance coverage in California 

The state laws of California are likely to favor the retention of the health insurance coverage by the uninsured spouse even after a divorce. This implies, that under normal circumstance you will be allowed to retain your share in the health insurance plan of your ex spouse. However, the entire process of establishing your share in the coverage and making premium payments can be quite complex. In order to avoid last minute hassles, most of the attorneys in California will probably advice you to apply for legal separation proceedings well in advance before you file that divorce petition.

Once the final verdict has been announced by the court of law, the uninsured spouse needs to determine his or her eligibility to qualify for COBRA coverage which allows you temporary coverage for a period of up to 36 months.

If you wish to know more about the COBRA coverage and whether you are eligible to retain your health insurance coverage or not, you can consult a professional attorney who would be able to effectively guide you on the legal aspects of the matter.

Getting divorced in California can be complicated.  Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.  

Gerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.