Health Insurance and Divorce

Apart from the obvious emotional and psychological strains of separation, the underlying fact about divorce that makes it so stressful is that it affects literally every detail of your life. The things you might not think about every day or take for granted – the sofa, the antique bookshelf, bank statements, even where you’ll rest your head that night – suddenly transform into massive, looming questions. Whose sofa is it? Whose credit cards and debt? And does the house belong to?

One of these areas of detail that seems straightforward enough when times are good concerns adequate healthcare coverage, a crucial topic that becomes even more serious when children are involved. If you and your kids are covered by a soon-to-be-ex-spouse’s policy, panic is an understandable reaction. Navigating the healthcare industry during this time of personal upheaval is not anyone’s idea of an enjoyable experience.

Ex-Spouse’s Policy

Government policies are in place to protect you and your loved ones from losing all coverage if this is the case. The Consolidated Omnibus Budget Reconciliation Act attempts to strike at the heart of healthcare woes, allowing those who can afford it to maintain their former partner’s company health insurance if they can manage upfront premium costs.

Alternatives

However, not everyone is in a position to take advantage of COBRA. Two other options at this point would include:

  • Requesting coverage as part of the settlement — while by no means a surefire bet, bringing this point up with your legal counseling is definitely worthwhile.
  • Individual health benefits plan — this is where the dreaded shop-around comes into play. Luckily, inexpensive or free online resources for comparing quotes and plans have made this task much easier in recent years.

Contact Us

If you or someone you love is facing divorce and you have questions regarding health insurance coverage, contact an experienced San Jose divorce attorney at the law offices of Daniel Jensen, P.C. today for more information on your specific case. Call us today at 408-296-4100.

Free Case Evaluation

Daniel Jensen, Top Family Law Attorney


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Daniel Jensen represents people in and around the cities of San Jose, Milpitas, Palo Alto, Mountain View, Sunnyvale, Cupertino, Menlo Park, Los Altos, Los Gatos, Campbell, Oakland, Hayward, Pleasanton, Fremont, San Leandro, and Union City. We represent residents of the counties of Santa Clara and Alameda.
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