Health Insurance After Divorce in Arizona
Experienced Scottsdale divorce lawyer offers knowledgeable counsel
How you will maintain your current health insurance after you get a divorce can be a major concern if you are currently on your spouse’s policy. The family law attorneys at Clark & Schloss Family Law, P.C., in Scottsdale, help clients understand their options in all areas of divorce, including how to ensure you and your children have health coverage once the divorce is final. We assist divorcing spouses in Maricopa County and throughout Arizona.
Maintaining health insurance coverage during divorce
If you are on your spouse’s insurance plan, you have the right to stay on it during divorce proceedings so that you are not without coverage. If you have been dropped from the policy and your divorce is not yet final, you can ask the court to be reinstated. If your spouse threatens to drop you from their policy but has not yet done it, you can seek an injunction to prevent them from dropping you. A family law attorney from our firm can petition the court on your behalf to ensure you keep coverage.
Transitioning to individual health insurance coverage after divorce
Part of preparing for a divorce involves planning for health coverage after your divorce is final. There are several different options based on your situation, including:
- Finding and enrolling in an individual insurance plan directly with an insurance company or applying for subsidized care through the Arizona health insurance marketplace
- Obtaining COBRA continuation coverage for up to 36 months under your spouse’s insurance policy
- If you are 65 years of age or older, you can apply for Medicare. You may be able to get it earlier if you have a disability or certain diseases
Health insurance may also be factored into spousal support or divorce agreements. We can help you understand what the best option for insurance coverage is for you.
Child health insurance after divorce in Arizona
Before a divorce is finalized, children can stay on their current policy. By law, they may also stay on it following the divorce, unlike ex-spouses. In some cases, money for health insurance coverage may be part of the child support award. Our family law firm will advocate for your child’s best interests in health insurance decisions.
Enforcement of health insurance obligations
To have a mandated health insurance obligation enforced should your ex-spouse stop making premium payments, you will have to file a motion with the court. Once you file a motion, your spouse could be held in contempt of court if they fail to respond. Our law firm can seek the motion with the court on your behalf.
Modifications to health insurance arrangements
Changes in life can lead to the need for modifications to health insurance arrangements. Post-divorce modifications may be granted by the court if it is shown that there has been a significant change in circumstances of you, your former spouse or your child. Examples of significant changes that may call for a modification include:
- New job
- Job loss
- Additional children of one of the spouses
To get a modification requires providing evidence to the court as to why it is needed. Your ex-spouse will then have the right to contest the modification, if they wish, and present their own evidence showing why the modification should not be granted. We will assist you in petitioning to modify the divorce agreement or in defending the current agreement.
Contact an experienced family lawyer for answers to your health insurance questions
At the Arizona firm of Clark & Schloss Family Law, P.C. in Scottsdale, we assist clients in all aspects of planning for divorce, including when it comes to health insurance questions for themselves and their children. Set up a consultation by calling 602-789-3497or contacting us online.