How Can I Get Health Insurance After Divorce?
Many things may change after a divorce, including how you get health insurance coverage. You cannot remain on your spouse’s health insurance plan provided by their employer once you are divorced. Only eligible family members can obtain coverage under an employee’s health insurance coverage.
However, there are several options for getting health insurance after a divorce in South Carolina.
Coverage Through Your Employer
Check with your employer to determine your health insurance benefits. Your employer may provide health insurance if you are single or your spouse does not have health insurance through their employment.
In many cases, health insurance coverage through an employer is the most straightforward and cost-effective option for obtaining health insurance after divorce.
COBRA Continuation Coverage
Continuing health insurance coverage through the federal Consolidated Omnibus Budget Reconciliation Act (COBRA) may be available after a divorce. South Carolina also has a Mini-COBRA law that might apply in some situations. State employees may also have COBRA options under state law.
However, there are some drawbacks, including:
- You must meet specific requirements to be eligible for COBRA coverage.
- COBRA has strict deadlines for notifying the employer’s health plan administrator of your desire to continue coverage. Missing the deadline results in ineligibility.
- The cost of COBRA can be expensive. You must pay the full premium without employer assistance. Therefore, the cost of COBRA is often much higher than what the employee pays for health insurance coverage.
- COBRA is temporary, so it is not a long-term solution to health insurance coverage after divorce.
While COBRA coverage may bridge the gap in coverage, it is not designed as a permanent solution.
Individual Health Insurance Plans
You can apply for an individual health insurance policy directly with insurance companies or through the federal Health Insurance Marketplace. Generally, divorce qualifies for a Special Enrollment Period outside of the annual enrollment window. The period is short, usually 60 days from the date of your final divorce decree.
The amount you pay for individual health insurance depends on numerous factors, including your age, health status, income, location, and tobacco use. The type of plan and coverage level are significant factors in the cost of insurance. You may want to compare several policies to decide which one provides the coverage you need.
South Carolina Medicaid
Some individuals may be eligible for state assistance with health insurance coverage. South Carolina’s Medicaid system is administered through Healthy Connections. A person can apply for Medicaid online to determine eligibility and coverage options.
Timing and Legal Considerations for Health Insurance Coverage After a Divorce
During a legal separation or divorce action, a person may remain on their spouse’s health insurance coverage. The time it takes to complete a divorce depends on the circumstances. However, it is not in your best interest to wait until the divorce is granted before beginning to search for health insurance coverage.
It is better to seek legal counsel as early in the process as possible. An attorney will analyze your specific circumstances to determine how separation and divorce orders may impact your health insurance coverage.
An experienced Rock Hill divorce lawyer can help you develop a strategy for negotiating a divorce settlement that addresses how you will pay for health insurance coverage after the divorce. You may be able to negotiate alimony that can cover health insurance premiums or a lump sum payment as part of your property settlement agreement.
Health Insurance for Children After Divorce in South Carolina
A divorce decree addresses child custody terms, including health insurance coverage. Generally, courts order one or both parents to maintain health insurance coverage for minor children after the divorce. If a parent has access to employer-provided health insurance, the court may order that parent to continue coverage.
The cost of health insurance is factored into child support calculations. Parents may split the cost of uninsured medical expenses.
Contact An Experienced Family Law Attorney at Minor Law Divorce Lawyers Can Help. Contact Us at (803) 504-0971
A divorce legally ends a marriage. However, obtaining a divorce is much more than merely ending the marriage. A divorce typically involves property division, child custody arrangements, spousal support obligations, and other related matters. It is challenging to predict the number of issues that may arise, such as the need to obtain health insurance coverage.
Seeking legal advice now can help ensure you are prepared to act in your best interest. If you have questions about a divorce or family court matter, call Minor Law Divorce Lawyers for a confidential consultation with a Rock Hill divorce lawyer.
To learn more and get the help you deserve, please contact a family law lawyer at Minor Law Divorce Lawyers in Rock Hill, SC or contact us online today.
We proudly serve throughout York County.
Minor Law Divorce Lawyers
1273 Ebenezer Rd, Suite B,
Rock Hill, SC 29732
(803) 504-0971
