Can I Keep My Health Insurance Follow a NJ Divorce?

When you and your spouse go through a divorce, there are several critical considerations you must make during this process, from determining a parenting plan to dividing your property. However, one thing you may not have taken into consideration is your health insurance coverage. Unfortunately, many are unaware of what will happen to their insurance following a divorce, so it’s critical to ensure you properly plan for these matters. The following blog explores what you should know about your coverage and why connecting with a Morris County divorce lawyer is critical for these matters.

How Is Health Insurance Handled During an NJ Divorce?

When you and your spouse file for divorce, it’s important to understand how your health insurance coverage will be handled during these matters. Typically, if you are on your spouse’s plan, the judge will issue an order allowing you to remain on their plan until the divorce is finalized. Once your divorce is officially over, however, you will be unable to remain on their insurance plan because you are no longer legally married. As such, you are responsible for obtaining your own insurance coverage.

The most common option those who find themselves without insurance will rely on is obtaining coverage through their employer. However, if you are a stay-at-home parent, you may not be able to find a job immediately. Though it can be daunting, you still don’t have to go without health insurance. You can obtain coverage through the Consolidated Omnibus Budget Reconciliation Act (COBRA), which allows you to keep your insurance coverage as part of your spouse’s plan. However, this is only temporary, and you will be responsible for paying 100% of the premiums.

Will My Children Still Have Coverage?

If you get a divorce and you have children, it’s crucial to understand that they will remain covered under your spouse’s plan, even if you are not. This is because federal law requires all children to have health insurance coverage.

If your children remain on your spouse’s plan and you receive child support payments, your spouse’s payments would likely lower to account for the fact they are covering the insurance. However, if the children are on your health insurance plan and you receive support, the payments you receive would be higher to help cover the cost of their medical insurance coverage. These matters are typically discussed when working out your divorce decree and parenting plan before the finalization of your divorce.

Health insurance is a complicated matter and can make getting divorced even more complicated than it already is. As such, it’s in your best interest to connect with an experienced attorney who can help guide you through these matters to ensure you are prepared for life after your divorce. At Haber Silver Russoniello & Dunn, our team will do everything possible to help you during these times. Connect with our firm today to learn how we can guide you.