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How Do You Continue Your Health Insurance After Divorce?

Posted on in Divorce

How Do You Continue Your Health Insurance After Divorce?Divorce changes your life in many small ways that you do not consider when you start the process. Health insurance is a good example of this because spouses are commonly on the same insurance plan. You have little to worry about if your spouse was on your employer’s insurance plan. Your children can remain on your family plan, or you can switch to an individual plan if you do not have children. If you were on your spouse’s insurance plan, you may be able to receive insurance through your own employer. Your divorce makes you immediately eligible to enroll in or change your insurance plan. If health insurance through work is not an option, you have other options that you need to consider.

Continuation Coverage

Illinois law allows you to stay on your former spouse’s health insurance for a limited time. If you are younger than 55 at the time of your divorce, you can continue the coverage for two years. If you are older than 55, you can continue the coverage until you are eligible for Medicare. There are several requirements for receiving continuation coverage:

  • Your spouse’s insurance must be a group plan.
  • You have 30 days after your divorce judgment to notify your spouse’s employer of your intention to continue coverage.
  • You must pay the same premium as you would if you were an employee on the plan.

Continuation coverage is only a temporary solution and may be difficult to afford if you have a low income. However, it prevents a gap in your health insurance coverage and buys you time to come up with a long-term solution.

Finding Your Own Insurance

There are generally two ways to obtain your own health insurance after divorce:

  • Getting a job that provides employee health insurance
  • Applying on the Health Insurance Marketplace

The Health Insurance Marketplace allows you to shop for individual plans, though your income will determine which plans are available to you. You can choose a plan that fits within your budget and provides the coverage you need. You can apply either 60 days after your divorce or during the next open enrollment period.

Contact a McHenry County Divorce Lawyer

Enrolling for health insurance is just one of several updates you must make as a result of getting divorced. A Crystal Lake, Illinois, divorce attorney at Botto Gilbert Lancaster, PC, can go over other necessary changes in your post-divorce life and how your divorce agreement can help. Schedule a free consultation by calling 815-338-3838.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=021500050K367.2

Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
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