Can I Remain on My Spouse’s Insurance After Our Divorce?

 Posted on October 09, 2021 in Finances and Divorce

One of the greatest mistakes people make during their Illinois divorce is not planning for life after the divorce is over. Because many spouses are covered under their husband or wife’s employee health insurance, they may forget about dealing with health insurance and find themselves scrambling for coverage.

This is especially true for spouses who have been out of the workforce for many years because they are stay-at-home parents or homemakers. Private health insurance coverage can cost hundreds of dollars a month and divorcees may struggle to find a plan they can afford. Fortunately, Illinois has a law that allows individuals to continue receiving health insurance coverage from their former spouse’s plan following the divorce. Although this option does not last forever, it can be a good option for someone who would otherwise be uninsured.

How Can I Stay on My Spouse’s Insurance Plan?

Someone who wishes to remain on their former spouse’s insurance plan following a divorce must notify the spouse’s employer within 30 days of the final divorce decree. The insurance company will then send the non-employee spouse notification of continued coverage and other appropriate forms.

How Long Can I Stay on My Former Spouse’s Insurance Plan?

Generally, people can only stay on their former spouse’s insurance plan for a maximum of two years. However, if someone is 55 or older, they may remain on their former spouse’s insurance until they are eligible for Medicare coverage. Remarriage, private insurance coverage, or failure to make payments can cause coverage to terminate earlier than the allotted coverage length.

How Much Does it Cost to Remain on My Former Spouse’s Insurance?

Individuals who continue coverage under their former spouse’s insurance plan may see a substantial increase in monthly payments because they will need to pay both their normal premium and the employer’s share of the premium. This can raise the monthly premium by as much as 80 percent since employers often pay the majority of the insurance premiums. It may be a good idea for divorcees to use their former spouse’s insurance coverage as a temporary measure while they look for more affordable insurance coverage in the healthcare marketplace.

Contact a Wheaton, IL Divorce Attorney

Managing life after divorce can be challenging, but it is easier with the help of an experienced DuPage County divorce attorney. At Andrew Cores Family Law Group, we can counsel you on matters during and after a divorce so you can plan effectively for the future. Contact us today to schedule your free initial consultation and find out how we can help you. Call us at 630-871-1002.

 

Source:

https://ilga.gov/legislation/ilcs/documents/021500050K367.2.htm

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=021500050HArt.+XXIII&ActID=1249&ChapterID=22&SeqStart=109700000&SeqEnd=111500000&Print=True