Will I Have Health Insurance After A Divorce?

This is a common question and concern for many people going through a divorce. Often, spouses have group health insurance coverage through one spouse’s employer. But what about stay-at-home moms that do not have access to an employer group plan because they do not work? Can their spouses, out of spite, say ‘no’ to allowing them to remain on his/her plan?

In this excellent blog posting Diane C. Pappas explains the intricacies of the Massachusetts laws that protect spouses in certain circumstances and allow for continuance of coverage in the event the marriage is terminated by divorce.


Diane also offers 4 tips when considering health insurance after divorce:

• Know the health plan currently available to the family – Obtain the Summary Plan Description from the insured spouse’s HR department. This is the only document that will tell you if the plan is self-funded. The Summary of Benefits does not provide this information;
• Know the costs – Premium, out-of-pocket limits, deductibles, co-insurance costs, co-pays;
• Know your options – Government, military and church plans have their own rules. Find out the cost of COBRA before you agree to anything, research private plans;
• Plan for contingencies – Your Separation Agreement should address all health insurance concerns. If you do need to find your own insurance, negotiate for your spouse to help pay for it. Know that alimony cannot be reduced as a result of the obligor’s cost for health insurance for the spouse. Some employers may add the cost of the spouse’s premium as W2 income to the employee – know this ahead of time so there are no surprises.