Health Insurance During & After Divorce: FAQ

Divorce can change a lot about people’s lives – from their residences and financial obligations to their time with their children and potentially even their quality of life.

While it can be easy to focus on these bigger issues, another equally important issue to consider is health insurance coverage during and following divorce.

Answers About Health Insurance Issues During & After Divorce

Q – Can I Keep Health Insurance Under My Ex’s Policy During a Legal Separation?

A – It depends on the insurance provider, as some policies may stipulate that coverage will end for an estranged spouse upon the date of legal separation, rather than the date of divorce. If you need continued coverage through the end of your marriage, consult an attorney before taking any action so you understand your best moves before potentially limiting them.

Q – Can My Ex Be Ordered to Pay Health Insurance for Me?

A – Yes, as long as you petition the court and can make a case that this coverage is needed, the court may order your ex to provide health insurance coverage for you. If this coverage is not awarded, however, you may still have other options for coverage, including COBRA. It’s best to consult with a lawyer to discuss your needs and circumstances, as well as find out more about your options proceeding.

Q – What About Coverage for Children During and After Divorce? Can My Ex Be Ordered to Provide This?

A – Yes, the court can order one party to continue to provide health insurance for children during and following divorce. When this occurs, this obligation can continue until the child turns 18 years old (unless the official divorce decree stipulates otherwise).

Q – Can I Drop My Ex from My Insurance Before the Court Issues Any Orders?

A – You can, but you should be aware that the court could soon order you to reinstate this coverage.

Q – What If My Ex Violates a Court Order and Takes Me and/or My Children Off of His Health Insurance?

A – File a motion with the court requesting that enforcement action be taken. The court can issue fines, garnishments, and/or other penalties when people violate court orders related to any part of the divorce (including orders to provide health insurance coverage).

Contact a Scottsdale Divorce Attorney at the Law Office of Karen A. Schoenau

When you need effective representation in divorce, you can rely on Scottsdale Divorce Attorney Karen Schoenau. Since 1987, Karen Schoenau has been committed to helping people resolve their important family law matters, including complex cases related to divorce, custody, paternity and other issues.

To receive professional advice and learn more about how we can help you, schedule an initial consultation with Attorney Karen Schoenau. You can set up this meeting by calling 480-467-3435 or by emailing us using the drop-down contact form at the top of this page.

From her offices based in Scottsdale, Attorney Karen Schoenau represents clients throughout the metropolitan Scottsdale area, including in Scottsdale, Mesa, Surprise, Maricopa County, Pinal County, Gila County and throughout the state of Arizona.