A common issue in all divorces is whether the spouse who provides health insurance for the other will have to provide health insurance for said spouse after the divorce. If you are going through a divorce and are currently covered by your former spouse’s health insurance provider, you likely have many questions as to what will happen during and after your divorce. The divorce attorneys at Wallin & Klarich are waiting to take your call, so that they can answer any questions you may have about health insurance and divorce.
Health Insurance During Divorce Proceedings
During the divorce proceedings, the party who is paying for health insurance for the other spouse, cannot remove that spouse from his or her health insurance. When a divorce is filed, there are Automatic Temporary Restraining Orders that go into effect, whereby neither party may sell or dispose of any property from the marriage, and both parties must keep the marital property in good repair and stay current on all bills. Health insurance falls under these restraining orders as well, and a party may not be removed from the health insurance of a spouse without a court order.
If your spouse has removed you from his or her health insurance without a court order, you should contact an experienced divorce attorney today to help you.
Orders to Remain on Health Insurance and the Practical Consequences of These Orders
Whether or not a Court will make orders to keep you on your spouse’s health insurance often depends on the length of the marriage and the marital standard of living. If your spouse has kept you on their health insurance for many years, it is more likely that the Court will order that you must remain on your spouse’s health insurance after the divorce is over. However, even if a court makes orders to keep you on your spouse’s health insurance, this is not always an effective way to handle the health insurance situation.
Once the divorce is final, you are no longer legally married to your former spouse. Therefore, most health insurance companies make it very difficult for non-spouses to remain covered on a health insurance policy. For this reason, it is much more effective to obtain orders that your former spouse will have to pay for a comparable health insurance plan for you, after the marriage is over. This will ensure that you are not at the mercy of your former spouse’s health insurance company, when you are no longer married to you former spouse.
If you are going through a divorce and health insurance coverage is an issue in your divorce, you should hire an experienced divorce attorney to assist you. Health insurance coverage is an important issue, especially if you cannot afford to pay for health insurance on your own, and having an experienced divorce attorney will ensure that you will be covered.
If you are involved in a divorce and there is a dispute about the date of separation, call the experienced divorce attorneys at Wallin & Klarich immediately to set up a consultation. Our divorce attorneys have over 30 years of experience in handling divorce matters. With offices located in Orange County, Los Angeles, Riverside, San Bernardino, San Diego, Sherman Oaks, Torrance, West Covina, Victorville, and Ventura, we are always available, wherever you happen to work or live.
Call us today at 888-749-7428. We will be there when you call.