When someone comes into our office at the start of the divorce process, we tell them that it is important to find out if they can stay on their spouse’s health insurance policy. Health insurance can become a contentious issue in a divorce, and it is important to know where you stand. If you are currently receiving health benefits through your spouse’s policy, call your provider and ask if ex-spouses can stay on. If it is permitted, it will be written into your divorce agreement that you are to stay on their policy so long as it is available.

In some instances, the ex-spouse is allowed to stay on the policy, at an additional cost. If this is the case, you will be responsible for this cost. If you cannot stay on the policy, you will have to find your own health insurance provider.  Additionally, if there are children involved, those children will stay under the policy until the age of 26. The providing spouse will get a credit on their child support calculation.

As you can see there are many different scenarios that can arise, so it is best to answer these questions early on in the divorce process.