Divorce is one of those difficult life events that involves more logistics than most people realize. While you may be recovering from the end of a marriage, there are pressing questions about your housing, transportation, and health insurance policy that need to be answered. Loss of coverage after a divorce is one of the more stressful elements for families with dependent children as well as ongoing medical support needs. A family law attorney with Joseph, Hollander & Craft can advise you about your options, include health insurance costs in divorce negotiations, and strategize to protect your best outcome.
Marisa No assists clients with family law matters including divorce, paternity, child custody, child support, spousal maintenance, guardianship, and adoption.
What Happens to Health Insurance During the Divorce Process?
Under Missouri law (RSMo § 452.317), your existing insurance plan is protected during the entire divorce process. Neither spouse has the legal right to cancel the other’s health care coverage from the date of filing the initial divorce petition through to the final divorce degree. If your spouse threatens to do so, contact a divorce attorney who can assist you in seeking relief. A Missouri spouse who cancels existing health, dental, or vision insurance coverage for the other spouse or any minor children may be held in contempt of court and be ordered to pay fines and, in extreme cases, even face jail time. They may also be ordered to pay for lapsed coverage expenses such as retroactive premiums or health care costs.
In Kansas, family law courts can issue temporary orders that protect the stability of your health insurance plan. Kansas temporary orders can prevent either party from making changes to a shared health insurance policy throughout the pendency of the divorce litigation.
What Happens to Health Insurance After Divorce?
Health plans are a considerable expense for many families. Because of this, your Kansas City family law attorney can include the cost of insurance in divorce negotiations. Health insurance costs can be part of the spousal support conversation moving forwards, especially if one spouse is employed in a significantly different capacity than the other, or one spouse has a serious condition that requires a certain primary health insurance plan. Health insurance costs will also be taken into account in a parenting plan. If one parent’s insurance is better suited to a child’s needs, they may ask to account for this expense as part of their child support payments. In any event, a court will generally seek to include in a parenting plan information regarding which parent is to provide coverage for the child, and how such costs are to be allocated between the parents.
Some spouses consider alternatives to divorce, such as legal separation, for just this reason. If you choose to separate, you do not have to approach the matter as a simple relationship discussion. There are additional legal protections and considerations in place for Kansas couples who choose to live apart and still remain married. Legally separate couples can have a court-approved separation agreement that handles frequent friction points like property division, spousal support, and child custody. While neither spouse can legally remarry during a period of separation, this allows both a higher degree of autonomy and boundaries in a marriage that is mutually beneficial in some ways, but does not function in others.
Speak with a Kansas family law attorney if you are considering divorce vs. separation, and are unsure about what would be best for you and your children. A family law lawyer can advise and assist you with either process and ensure that your interests are protected regardless of what you choose. At Joseph, Hollander & Craft our focus is on serving your needs to the best of our ability, to the fullest extent of the law. Other firms may leave options on the table, but our family law division takes a holistic approach to every client’s case.
Can You Stay on Your Spouse’s Health Insurance Plan After Divorce?
Once the divorce decree is issued, you will need to find your own insurance plan. After a divorce is finalized the insurance company will no longer consider you to be their legal dependent. Therefore, even if the divorce is amicable you will not be able to remain on your ex-spouse’s plan.
COBRA Coverage After Divorce
COBRA coverage offers Missouri and Kansas residents the option for temporary continuation of their current coverage after a divorce is finalized. COBRA allows for continuing coverage for up to 36 months on your ex-spouse’s employer’s plan. You must file for COBRA Wrap-Around coverage within 60 days from legal separation, or the entry of the decree of dissolution of the marriage. COBRA eligibility terminates when the qualifying ex-spouse turns 65. Your former spouse’s employer must have over 20 employees enrolled in order to be eligible for COBRA coverage after a divorce.
While COBRA is a lifeline for some, many find the full cost to be too expensive. You will be responsible for your own premium as well as administrative expenses.
Other Health Insurance Options After Divorce
You will most likely need to obtain health insurance after a divorce. Finding a new health insurance plan involves assessing your medical needs, degree of risk, as well as income level. Some coverage options for a new health insurance plan include:
- Health Insurance Marketplace: Under Healthcare.gov rules, divorce is considered one of the qualifying life events to enroll in marketplace health insurance. ACA plans are an affordable option for many seeking an individual policy.
- Employer sponsored health plan: If you are already employed, you can enroll in your company’s plan during the special enrollment period triggered by divorce.
- Private insurance plans: Private insurance plans are a health insurance coverage option for many with complex needs or who require ongoing medical support. Private coverage can be expensive, and so the cost of enrollment should factor into the conversation with your attorney as part of your financial needs after a divorce.
- Medicaid or state programs: If you have experienced job loss as well as divorce, there may be state programs that can provide a safety net. In both Kansas and Missouri, your income will be reevaluated without the addition of your ex-spouse’s earnings. Without their income being held against you, you may be eligible for Missouri Medicaid (MO HealthNet) or Kansas Medicaid (KanCare).
Health Insurance for Children After Divorce
Which parent’s insurance a minor child will stay on is one important question for divorcing spouses. Family law court is designed to protect the best interests of a minor child. Therefore, the court may order that one parent maintain coverage for a child if they have access to a private plan through their employer at a reasonable cost. Just because one parent has a superior health plan does not mean that they are entitled to sole medical decision-making rights or custody over a child. If you are concerned that your spouse’s healthcare plan may tip the scales in their favor during a custody battle, contact a family law attorney.
Child support payments can be negotiated to include the cost of health insurance. Deductibles, co-pays, and non-covered medical expenses can all also be factored into the overall settlement that you reach during a divorce. These expenses can be amended as children age and as new medical needs arise, but you may need to request a modification through the court system. For instance, Kansas Child Support Guidelines specify both the 6th and 12th birthdays as milestones when children tend to require higher costs for care. As a child ages or as your income changes, you may need to work with a family law attorney again to request a modification of child support orders.
For parents who do not have access to private plans, federal-state match programs like CHIP (Children’s Health Insurance Program) can close the gap. CHIP is designed for uninsured children (under age 19) whose household income is too high to qualify for state assistance like MO HealthNet or KanCare, but too low for private health plans. For instance, in Missouri, a household may be able to make up to 300% of the Federal Poverty Level (FPL) and still qualify for CHIP benefits.
Avoiding Gaps in Health Insurance During and After Divorce
- Evaluate your medical support needs. Consider what kind of insurance plan is best suited to your unique situation. If you are currently receiving specialized care or have certain pre-existing conditions, COBRA coverage may be the best option to allow you to continue with your treatment in the short term. In some cases these costs can be covered by your former spouse under a divorce settlement.
- Discuss health insurance as part of the co-parenting plan with your spouse, whenever possible. You will need to develop and present a proposed parenting plan to the court that describes how you will share childcare responsibilities, including medical appointments and child health insurance coverage.
- Enroll in a new plan using divorce as a qualifying event. Under the ACA as well as most private employer’s plans you will be able to meet a special enrollment period after a divorce. Pay attention to the requirements involved, as you will need to file within a certain timeframe to ensure continuing coverage.
- Contact an attorney to help with your divorce. New insurance coverage is a significant expense that may be accounted for in your divorce settlement. A family law attorney will be able to advise you about alimony options or child support payments. If your spouse has threatened your access to healthcare, canceled your coverage, or is otherwise using the cost of insurance against you, contact a family attorney at once.
You have rights under Missouri state law that protect your healthcare coverage throughout the entire divorce process. Your spouse can be ordered to make payments and even be held in contempt of court if they are in violation of these state protections.
Contact Our Kansas City Divorce Attorneys for Help
Ensuring you have access to insurance after divorce is a primary concern when it comes to safeguarding your well-being. If you have questions about protecting your and your child’s healthcare during a divorce, as well as what to do afterwards, contact Joseph, Hollander & Craft. Our family law attorneys are located in Kansas City, Lawrence, Overland Park, Topeka, and Wichita and are licensed to assist you with matters in both Kansas and Missouri.
