Two Questions About Health Insurance After You Get A Divorce

Are you currently on your spouse's health insurance plan but going through a divorce? If so, you are likely worried about what will happen with your health insurance. Here are two common questions that you likely have.

Are There Special Enrollment Periods After A Divorce?

Be aware that getting a divorce will open up a special enrollment period for health insurance, where you have a few options about what you want to do. There is the option to use COBRA, which is typically going to be the most expensive. This is because you continue with coverage using your existing plan through your spouse's employer, so there are no changes to your network or policy. However, you do have to pay the full premium, which does not include any employer contributions that you were getting before. 

You can also look into health insurance from your own employer since that enrollment period will open back up and allow you to make changes. This may be the cheapest option since you can get the benefit of those employer contributions that you wouldn't otherwise get. Other than that, you can always get your own health insurance plan where you pay the premiums in full, but you can pick the plan and decide on how much you pay. 

Is A Legal Separation Treated The Same Way As A Divorce?

Know that a legal separation is treated differently than a divorce. With a divorce, the marriage has officially ended and you will not be able to take advantage of a spouse's health insurance plan. However, a legal separation does not end the marriage in the same way, since you are still legally married under the law. This allows you and your spouse to maintain many of the benefits that you received as a married couple, but legally separate from each other.

For example, you may have some major health needs, and your spouse has great health insurance benefits from their employer. You normally wouldn't be able to afford that health insurance on your own if you had to buy it as a single person. With a legal separation, you can separate from your spouse but still receive the family health insurance benefits from their employer. You can always get a divorce at a later date when you and your spouse are ready, but the legal separation allows you to continue some shared benefits while still deciding that you do not want to be with your spouse anymore. 

Reach out to a divorce lawyer to learn more about all of the differences between a legal separation and a divorce so that you can fully understand what you are agreeing to. 

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