How Does Divorce Impact Health Insurance in California?
In a California divorce, you cannot stay on your ex-spouse’s employer-provided health insurance after divorce. However, your children must be covered by the parent who can obtain reasonably priced coverage through their employer. You may need to secure your own insurance or consider temporary COBRA coverage.
Losing Your Health Insurance
One of the biggest post-divorce surprises for many people is that with most employers, an ex-spouse cannot remain on the employee’s health insurance plan. Once the divorce is finalized, coverage for the non-employee spouse ends. Because of this, if you are losing coverage, you should prepare in advance and begin exploring alternative health insurance options early in the divorce process.
Health Insurance for Children After Divorce
Health insurance for your children follows a different rule. California law requires that if a parent can obtain employer-provided health insurance for their children at a reasonable cost, that parent must carry the insurance.
This applies regardless of which parent was previously covering the children. If you both have employer plans, maintaining dual coverage is an option. Ultimately, the goal is to ensure continuous, affordable care for the children.
Negotiating the Cost of New Insurance
While you cannot stay on your ex-spouse’s employer plan, the cost of obtaining your own health insurance can be negotiated during the divorce process. You can agree on financial assistance or include the expense in monthly support calculations. This does not keep you on the old plan. But it can help to offset the cost of transitioning to new coverage.
COBRA: A Temporary but Expensive Option
Some employers offer COBRA continuation coverage, which allows you to temporarily remain on the same health plan. However, COBRA is often very expensive, because you are paying the full premium plus administrative fees.
For many, COBRA works best as a short-term bridge while searching for a more affordable, long-term health insurance solution.
What If You Switch to Your Own Employer’s Insurance?
If you can secure coverage through your own employer after the divorce, nothing changes regarding obligations for your children. The requirement stands: if you can obtain reasonably priced coverage for your kids through your employer, you must carry it.
FAQs
1. Can I stay on my spouse’s health insurance until the divorce is final?
Yes, generally coverage continues until the divorce is legally finalized.
2. Can I remain on my ex-spouse’s insurance after the divorce?
No. Ex-spouses are not allowed to stay on the employee’s health insurance plan.
3. Are children allowed to stay on either parent’s plan?
Yes. Children must be covered by whichever parent can obtain reasonably priced insurance, and sometimes both parents keep them on their plans.
4. What is COBRA and should I use it?
COBRA allows temporary continuation of the same health coverage, but it is usually expensive and best used as a short-term solution.
5. Can the cost of new insurance be included in support payments?
Yes. You and your spouse can negotiate reimbursement or financial support to help the non-employee spouse afford new coverage.
Compassion for my clients is important to me, and that’s why I’ve remained a family law practitioner for 30 years — and still love what I do. I’m keenly aware of the emotional toll divorce can have on you and your family. As you navigate the rough waters of transition, my team and I will help you find your balance. We’re here to support you in making the best decisions for your future. I’ve seen the positive results again and again when couples embrace meditation or collaborative divorce. I’d be honored to share these practices with you and set your family on a healthy path.
