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Health insurance considerations during a divorce

Kentucky couples who are facing the end of their marriage may be interested to learn that some couples are actually putting a hold on the divorce process while the future of health care in the U.S. remains uncertain. This is because some could lose their private health insurance when the divorce is finalized, especially if they did not work during the marriage.

Before the ACA went into effect, divorced people could remain on their ex's plan for up to three years under COBRA. When those benefits ran out, they had to find their own coverage. However, those with pre-existing conditions, such as cancer or pregnancy-related conditions, could be denied coverage or be charged far more for minimal coverage. Some are concerned that, if the Better Care Reconciliation Act is passed, insurance companies could once again be able to discriminate based on a person's pre-existing conditions.

When a couple does get divorced, the cost of health insurance premiums can be factored into the calculation of spousal support. Because it is not known how health insurance premiums will be affected in the future, the amount can only be estimated. Further, a person seeking spousal support should not forget about the deductible, which could potentially top $10,000 in 2026 if the Better Care Reconciliation Act is passed.

A Kentucky resident who did not work during the marriage due to being responsible for taking care of the household and raising the kids may be eligible to seek spousal support. A divorce attorney could assist with calculating the amount a client may be entitled to while taking health care insurance premiums and deductibles and other costs into account.

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