Do I Have to Pay for My Ex-Spouse’s Health Insurance After a Divorce?

Divorce brings countless changes. There are many complicated issues to resolve and new things to discover. The financial changes related to divorce can be difficult adjustments to make. Health insurance is a valuable asset that spouses may not think enough about when they are contemplating divorce.

You may be willing to temporarily continue paying for an ex-spouse’s health insurance, but what does the law say?

What Are the Policy Holder’s Obligations?

Keeping health insurance coverage is especially important after a divorce. The stress of separation and new responsibilities can harm your health.

As per federal law, a husband or wife (whoever is the policyholder) must continue paying for their spouse’s health insurance through the divorce process. However, once the divorce is final, it is no longer their responsibility.

You do not have to pay for your ex-spouse’s health insurance after a divorce. Legally, the non-policy holder is no longer considered a member of the family and doesn’t qualify for coverage.

Depending on an individual’s divorce agreement, the policyholder may still be responsible for providing health insurance for children, even if that child doesn’t live with the policyholder. By law, employers and health insurance companies are prohibited from denying because a child doesn’t live with the insured employee full time.

Divorcing parents are advised to consider insurance premiums when deciding spousal and child support agreements.

Insurance Options for an Ex-Spouse

Individuals who were covered on their ex-spouse’s insurance plan must find new coverage after their divorce is final. The best plan is to enroll in their employer’s health coverage plan. If they are not employed or an employer’s plan isn’t affordable, they still have options.

The COBRA plan or a private plan through the Affordable Care Act are two excellent choices. If they qualify, Medicare, Medicaid, and Tricare (a military program) may also be available.

COBRA

The Consolidated Omnibus Budget Reconciliation Act (COBRA) is a federal program that protects workers and their family members who lose their health benefits. COBRA makes it possible for an ex-spouse to remain on their existing health plan for a limited time.

Those who are eligible for the COBRA program will receive notification about their loss of coverage and instructions for application to the COBRA. The cost to continue is the same as the cost of the previous premium and must be paid by the non-policy-holding ex-spouse unless another agreement is made.

ACA

The Patient Protection and Affordable Care Act, known as the ACA or “Obamacare,” was passed by Congress in 2011. The goal of the ACA is to provide affordable health care to more Americans, including those with pre-existing conditions.

Michigan has expanded its MedicTo see if you qualify for subsidized insurance through the ACA, visit HealthCare.gov.

Have More Questions About Your Obligations After a Divorce?

Regardless of their difficulties, most divorcing couples still wish the best for their ex-spouses. That doesn’t mean you have to continue financial assistance above and beyond what Michigan law or your divorce decree requires.

If you are considering divorce, contact Gucciardo Family Law to learn more about your legal and financial obligations.