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