TX Divorce FAQ: Will I lose my health insurance if I get a divorce?
Posted By
O'Neil Wysocki
Many Texans get health insurance through their spouse’s employer,
and loss of that insurance is often a major concern in divorce. Once a
divorce is finalized your spouse will no longer be able to carry you on
his or her employer’s health insurance; however, divorcing spouses
still have options. Every county in North Texas has adopted standing orders,
which automatically go into effect when a divorce is filed. These standing
orders prevent divorcing spouses from altering health insurance benefits
while the divorce is pending. Even when the divorce is finalized a spouse
may still be able to maintain his or her coverage through a federal law
called COBRA. COBRA allows a divorcing spouse to buy health insurance
coverage through their ex-spouse’s employer for up to 36 months.
The cost of COBRA coverage must be within 102% of the combined total of
a similar employer’s and employee’s contribution to the plan.
There may be less expensive options available for relatively healthy spouses,
but COBRA can be a good option to maintain coverage. For more information see:
http://www.dol.gov/ebsa/faqs/faq-consumer-cobra.html