Health Insurance After A Divorce

By David P. Badanes, Esq. and Max Glick

Here are three things to know about health insurance after your divorce:

1. Health Insurance Regarding Children

Regardless if you are divorced or not, in New York, it is mandatory that parents are financially responsible for their children.  This includes providing them with health insurance until they are 21 years old.  After your children reach 21 years of age, parents are not obligated to be financially responsible for their offspring and therefore they no longer are obligated to provide health insurance for anyone over 21 years of age.

However, a parent can and many still do, provide health insurance for their children until they reach the age of 26 years old.  Currently, the law states that children are eligible to remain on their parents’ health insurance plan until they reach the age of 26.

2. Health Insurance Regarding the Non-Primary Insurer

If you were insured through your spouse, then most likely, your divorce will specify that you will need to obtain your own health insurance plan.  However, you could retain the same exact health insurance plan via COBRA (Consolidated Omnibus Budget Reconciliation Act).

Through the COBRA program, you can maintain the same health insurance coverage you had under your spouse, but yar are required to pay the full price of the policy.  Typically, this is a very expensive option.

In New York State, if your employer does not offer health insurance, then you can obtain health insurance through the government-run New York State Marketplace.  In many situations, you may be able to obtain reasonably priced health insurance through the N.Y. State Marketplace.  You can obtain more information by going to nystateofhealth.ny.gov.

Finally, if your employer does offer health insurance, then you choose that option.

3. Health Insurance Regarding the Primary Insurer

If you are insured through your own employment, then your divorce will not change your eligibility and you will not lose your existing coverage.

David Badanes, Esq. and the Badanes Law Office, P.C. provides real-world advice to help you through your divorce.  If you are contemplating getting a divorce or looking for a new divorce attorney, call David Badanes and the Badanes Law Office today at 631-239-1702 or email at david@dbnylaw.com. The Badanes Law Office has offices in Northport, Suffolk County and Uniondale, Nassau County.

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