Divorce causes major issues with health insurance benefits. Many families have employer provided and/or paid for health insurance benefits that cover the entire family. It is not uncommon to see situations where the other spouse is a stay at home parent, with absolutely no access to health insurance benefits, or employed at a job with either no health insurance benefits available or those benefits available at a substantial cost. After a divorce, the spouse with the family health insurance coverage can no longer cover the other parent. They are no longer “family” members who can take advantage of one health insurance policy. How to then ensure that everyone stays insured does become an issue for negotiation and/or divorce litigation.
1. Will either party be obligated to provide medical insurance for the other? If so, how long must medical insurance be provided after the divorce?
2. Must either party provide medical insurance for the benefit of the children? If so, for how long must medical insurance for the children be provided?
3. Would it be better to get a legal separation instead of a divorce for health insurance reasons?
a. What are the consequences of a legal separation?
b. What if you have a legal separation and one party wants to remarry?