Divorce and Health Insurance Benefits

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Divorce causes major issues with health insurance benefits. Many families have employer provided and/or paid for health insurance benefits that cover the entire family. It is not uncommon to see situations where the other spouse is a stay at home parent, with absolutely no access to health insurance benefits, or employed at a job with either no health insurance benefits available or those benefits available at a substantial cost. After a divorce, the spouse with the family health insurance coverage can no longer cover the other parent. They are no longer “family” members who can take advantage of one health insurance policy. How to then ensure that everyone stays insured does become an issue for negotiation and/or divorce litigation.

If both parties do not have health insurance benefits available and if the cost of obtaining those health insurance benefits for the other party after a divorce become prohibitive, there is one way to continue benefits without additional cost. That way is to enter into a separation agreement, but delay the divorce. That way, the parties actually do remain married and they can stay on the same health insurance plan even...

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