Navigating the complexities of divorce and health insurance in Ohio can feel very overwhelming, especially if you don’t understand how divorce impacts your insurance coverage. This is just one of the many things you will need to consider so that you are prepared for what the divorce process entails.
Are you worried about losing your spouse’s insurance after divorce proceedings? If so, check out this article, where we will be discussing divorce and health insurance in Ohio and what will happen to your insurance coverage pre-divorce and post-divorce.
What Happens to Health Insurance During Divorce?
For the majority of households, one of the spouses provides all or at least the majority of the health insurance for the other spouse or the entire family. That is why divorce proceedings can have a significant impact on health insurance, leaving you unsure of what to do next.
Once you and your spouse file a divorce or dissolution, this will usually initiate an automatic response regarding insurance coverage, prohibiting any changes. The purpose of this is to protect all parties until the divorce is completed, ensuring everyone continues to get the coverage they need. Also, this doesn’t just apply to health insurance, but also extends to things like life insurance and vehicle insurance.
After the divorce proceedings, when you get a decree of divorce or dissolution, health insurance coverage will change. The details of this often depend on the spouses, the insurance companies’ requirements, and whether or not there are any children involved.
For divorce cases that involve children, more extensive negotiating will be necessary to ensure their health insurance needs are met.
No matter what your specific divorce case looks like, it is always strongly recommended that you seek the legal help of a divorce attorney in Montgomery County, Ohio, before getting started.
COBRA Coverage After Divorce
In some cases, the spouse who wasn’t providing health insurance coverage may not have immediate access to coverage when the marriage has officially ended. If this is the case, there is an option available under the Consolidated Omnibus Budget Reconciliation Act, otherwise known as COBRA.
COBRA coverage allows you to obtain temporary health insurance coverage under your own separate policy through your ex-spouse’s health insurance. Although it is a temporary option, it can provide you with enough time to find your own health insurance coverage while still being covered in case of emergencies.
Keep in mind that you have a deadline of 60 days to file for COBRA once the final divorce decree has been filed. Once you receive COBRA coverage, this will last up to 36 months and requires you to pay 100% of the cost of the insurance as well as a 2% surcharge.
Health Insurance Options Post-Divorce
The trickiest part of dealing with divorce and health insurance in Ohio is what happens post-divorce. If your ex-spouse was the one providing health insurance coverage, you will need to move forward with finding your own insurance plan. This is something that you should begin early on during divorce proceedings so that you already have something lined up once the divorce is finalized.
Here are some examples of the types of insurance plans you may be able to take advantage of post-divorce:
- Employer-sponsored coverage
- ACA marketplace plans
- Private insurance providers
- Medicaid eligibility
Also, if you need to, don’t hesitate to take advantage of the COBRA coverage that is provided for most individuals in Ohio. This can give you the coverage you need for up to 36 months, allowing you to find the best possible health insurance plan.
Health Insurance for Children Post-Divorce
Child health insurance coverage after a divorce will look a bit different than standard health insurance coverage for spouses. For one thing, the court will be more heavily involved in deciding how insurance is provided for children after the divorce is finalized.
Usually, the parent who has provided health insurance coverage will continue to do so, even after the divorce. But the parent not providing coverage will usually be expected to cover any additional medical expenses not covered by insurance. A more detailed plan may be necessary for children with special medical needs.
No matter what you and your spouse decide on, everything will have to go through the Ohio divorce court. A judge will examine the details of the negotiations, ensuring they are fair to both spouses while providing everything the child needs.
In any divorce case where children are involved, you need to hire a Miami Valley divorce lawyer to represent you. Having legal representation ensures negotiations go smoothly and you get a fair outcome, especially when it comes to determining child support and medical expenses.
FAQ Section
Will I automatically lose my spouse’s health insurance after divorce in Ohio?
Yes. Insurance companies will not continue to provide coverage for any former spouses as they can no longer be listed as a dependent.
Can my spouse cancel my insurance during the divorce process?
Not usually. In almost all divorce cases, temporary court orders prohibit either spouse from making any changes to insurance coverage until the divorce or dissolution is completed.
How long does COBRA coverage last after a divorce?
Usually, COBRA coverage will last up to 36 months.
Does child support include health insurance costs?
Yes, health insurance costs are one of the many deciding factors a judge will consider when calculating child support. Also, the responsibility of providing health coverage will not fall entirely on one parent, although one parent may provide the actual coverage. When this is the case, the other parent will be required to cover other types of medical expenses, such as copayments or medical expenses not included in the insurance plan.
Hire a Divorce Attorney in Ohio
if you are worried about spousal health insurance termination in Ohio during a divorce, there are several things to be aware of to help you prepare beforehand. Richard P. Arthur, Attorney at Law, has extensive experience handling family law cases across Ohio and can help you understand what your rights are during divorce proceedings. To proceed with your case, contact us today at 937-254-3738 for a free consultation.