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Continuing coverage with your ex-spouse’s insurance

On Behalf of | Oct 22, 2019 | Divorce

Pending divorce proceedings in Fox Lake offer you the chance to sit and consider those things that will change once your divorce becomes final. One of them may be the association that you have with your ex-spouse’s employer. While that may seem to be a small matter at first, the thought can quickly become alarming once you realize that it may be only through said employer’s group health plan that you are able to afford the cost of healthcare for you and your children. Many in your same situation have come to us here at Soffietti, Johnson, Teegen, Argueta, Bawcum & Barone panicked that they will be with health insurance. Are such concerns valid?

They are in from the perspective that you will need to eventually secure coverage for yourself (either by securing a job with a company that offers such a benefit, purchasing coverage on your own or remarrying one who has coverage). In the immediate, however, protection afforded through the Consolidated Omnibus Reconciliation Act allows you to remain on your ex-spouse’s plan for up to three years from the date your divorce becomes final.

Per the U.S. Department of Labor, in order to qualify for continuing coverage under COBRA, your ex-spouse’s plan must be sponsored by a business (that is not an agency of the federal government) that employs more than 20 people. COBRA coverage is triggered by a significant life event (of which divorce qualifies).

As far as your kids go, you do not need to worry. As long as your spouse is eligible for group health plan coverage through their employer, the court will require that the kids be covered by it.

You can learn more about preparing for your post-divorce life by continuing to browse through our site.