How to Get Insurance Coverage after Divorce

 Posted on June 27,2013 in Divorce

One perk of being married to a spouse with a good job is that you may be able to get employer-sponsored insurance. However, a divorce can make it difficult for the other spouse to remain insured, even for the children they have together. Insurance companies look at "qualifying events" to continue coverage for individuals who are no longer officially covered by insurance. There both state and federal laws allow ex-spouses and children to continue being on an employer-sponsored health insurance after a divorce. There are four considerations that must be followed to remain on a plan, or get insurance coverage, according to the Illinois Spousal Continuation Law.

1. An employer or plan administration has to let you know of your right to continue insurance benefits after a divorce. Some of the time this happens AFTER the former spouse contacts the employer or plan administration. The spouse must let them know within 30 days after the divorce is final. If the former spouse does not notify the proper parties, it can lead to loss of insurance.
2. Within a dedicated period of time after contacting the employer, continuation can be offered by the employer through certified mail. Choosing to continue the coverage during a certain time frame, called the "election period," must be done in the 30 days upon receiving the notice. This is the only time allotted to make this choice – once it is gone, so is the opportunity to get coverage or remain on a plan.
3. Coverage can last the maximum amount of time the law requires. Times where the coverage can end earlier than required by law is if the person is eligible for Medicare or if the employer no longer offers the insurance coverage. During this time, the entire premium for the coverage must be paid. Sometimes an administrative fee is applied as well.
4. Coverage can end earlier if premium payments are not made on time, if the party is still married to the employee, if insurance is maintained through other group plans, and/or if remarriage occurs.

If you are going through a divorce or have questions on post-divorce health insurance coverage, contact an Illinois family law attorney right away.

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