New Jersey Divorce Lawyer Blog
Divorce and Health Insurance
The availability and cost of health insurance for both children and soon-to-be former spouses should be considered in every divorce. Maintaining access to affordable health insurance consistently ranks near the top of consumer concerns. Child support laws vary by state. While every state requires parents to provide health insurance for their children, there is no legal obligation for one spouse to provide insurance coverage for the other spouse following divorce. However, several options exist to help ensure both spouses have adequate health care coverage after a marriage is terminated.
Insurance Coverage for Children
Federal and state laws require parents to maintain health insurance coverage for dependent children. The responsibility to pay for health insurance is often spelled out in a child support order entered at the end of a divorce proceeding. In some cases, both parents will be ordered to provide insurance if it is available at an affordable cost through an employer. Alternatively, one parent may be ordered to provide insurance with the other required to contribute to the cost based on income. If coverage is not available through employment, insurance must be obtained from the private market, Medicaid or the federal Children’s Health Insurance Program.
If both parents are able to obtain insurance, one policy may be designated for primary use with the other policy covering costs not paid by primary coverage. Since the parent who takes a child to the doctor will be expected to pay for services when rendered, parents are often advised to enter into a contract with the doctor that specifically outlines the percentage of co-payments and other uninsured costs for which each parent will be billed and expected to pay. The contract should be signed by both parents. Continue Reading →
