How Your Health Insurance is Affected by an Ohio Divorce

Will My Health Insurance Coverage End During A Pending Divorce Proceeding? COBRA Law And Other Options To Consider

I recently realized that I had not posted a blog about health insurance and divorce in 10 years. Click here to read that one titled Health Insurance: Divorce Often Ends Coverage for Women. It is still worth reading after all those years!

YOUR SPOUSE CAN NOT CANCEL YOUR HEALTH INSURANCE DURING THE PENDENCY OF YOUR DIVORCE OR DISSOLUTION CASE.

In Ohio, Ohio Revised Code Section 3105.71 prohibits cancellation of health insurance coverage prior to the divorce court deciding responsibility. So that law preserves the status quo as it relates to maintaining health insurance coverage during the divorce. This is also true even if the insurance “open enrollment” period occurs during the divorce proceeding. Click here to read that statute. But what happens when the divorce cases ends?

The good news is that upon the termination of your marriage, there are various options to consider. Here are the basics.

DOES ONE SPOUSE PROVIDE HEALTH INSURANCE FOR BOTH SPOUSES?

If you both are on the same health insurance plan, you will likely need to take some steps to maintain your health insurance coverage. Once a final decree of divorce or dissolution in Ohio is filed, health insurance will change.

Negotiate Your Spouse Paying Your Health Insurance Costs:

If you are unemployed or the financially disadvantaged party, it is not unusual to include payment of your health insurance premiums as part of the financial terms of the divorce.

Employer Provided Health Insurance:

If the spouse without present health insurance coverage has it available through his or her employer, this is most often the best option. It is typically less costly than COBRA (Consolidated Omnibus Budget Reconciliation Act) coverage which is discussed below. This is because the employer typically pays for part of those insurance costs. Further, don’t worry about whether you are in the “open enrollment” period or not. Becoming divorced is an exception by law which allows adding health insurance coverage at any time from your employer. Depending on the language in your employer’s plan, you may also be able to cover your children and family.

COBRA Coverage Option:

If the spouse without health insurance coverage does not have access to health insurance coverage upon the divorce and termination of the marriage, there may be an option to remain covered by your ex’s insurance under what is called COBRA coverage. The spouse without the insurance may have the option of paying for the same coverage they had under their ex’s insurance, but at full cost. The COBRA law was enacted back in 1985 to make health insurance coverage available to individuals no longer having the option to stay on their Ex’s employer provided plan. However, not all employers are subject to this law.

Small businesses with less than 20 employees are exempt from providing COBRA coverage. The same is true if your former spouse was a military or government employee. In that situation, health insurance can be extended under Temporary Continuation of Coverage (TCC) for up to 36 months. COBRA coverage ends if you remarry before that time or receive health insurance through your employer. or another source. Be sure to check eligibility restrictions early on in your divorce action.

If COBRA coverage is available, the non-covered spouse has sixty days after the filing of the final decree of dissolution or divorce to file to receive COBRA. Sometimes there are several plans which can be purchased at various price points. COBRA coverage can last up to 36 months.

Purchase Health Insurance on the Open Market:

You also have the option of using an insurance agent in order to sign up for an individual healthcare plan. This may be an option if your employer doesn’t offer insurance or only provides minimal coverage. Get started researching all the various options including under the Affordable Care Act (often referred to as Obamacare). Visit HealthCare.gov or call 800 318-2596 to ask questions about this option and the eligibility requirements.

If you live in Montgomery County Ohio, while it is not actually health insurance, you might be interested in CareSource as a health care option. Click here to read more information about this affordable program or go to www.caresource.com.

What About Health Insurance Coverage for our Children?

Ohio law mandates that after a divorce all children are to be covered by health insurance if it is available to either party “at a reasonable cost”. The Court has discretion to determine is the costs for such coverage are reasonable or not. In addition, it may require one or both parents to split those costs.

Talk with your divorce lawyer early on in your representation about this extremely important issue! It is an important consideration that may affect spousal support (alimony) or property division negotiations. Do the “legwork” early and evaluate the costs and coverage options available. Share that information with your lawyer and discuss those options so you have planned ahead for those costs upon your divorce.

We are Experienced, Trusted and Professional Dayton Divorce Lawyers

If you are considering a divorce or dissolution proceeding, you should carefully plan ahead about health insurance coverage options and those costs. Our divorce lawyers can evaluate your specific situation. Our firm is located in Dayton, Ohio and we practice throughout southwestern Ohio.

To learn more, please go to our website at www.hcmmlaw.com or call Holzfaster, Cecil, McKnight & Mues at 937 293-2141. We can promptly schedule an in-person conference or one by phone or Zoom.

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