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Can your soon-to-be ex-spouse nix your health insurance?

On Behalf of | Mar 3, 2023 | Divorce

If you have health insurance through your spouse’s employer, you are far from alone. In fact, according to reporting from CNBC, only approximately 30% of married couples have separate health coverage. Still, it is not uncommon for divorcing couples to bicker over health insurance.

Your soon-to-be ex-spouse even might threaten to kick you off of his or her insurance prior to the conclusion of your divorce. If your husband or wife does this, you should know that he or she probably cannot follow through with the threat.

Automatic temporary restraining orders

In Texas, when a spouse files for divorce, the court automatically issues temporary restraining orders. Among other things, these orders prevent either spouse from tinkering with health insurance coverage. Consequently, if your spouse removes you from his or her policy, he or she is likely to violate an official court order.

The judge’s permission

Your soon-to-be ex-spouse might have some legitimate reason to want to nix your health insurance. If so, he or she can ask the judge for permission to change or end your coverage. Luckily, because of the potentially drastic consequences of doing so, judges are reluctant to interfere with health insurance while divorces are pending.

Your future coverage

Your spouse’s health insurance is only available to legal dependants. After your divorce becomes final, you are no longer one. Therefore, you need to make plans for your post-divorce future. If you are struggling to find independent coverage, you might be eligible for up to 36 months of insurance on your spouse’s plan pursuant to the Consolidated Omnibus Budget Reconciliation Act.

Ultimately, because COBRA coverage can be quite expensive, you might want to explore other options for securing health insurance after your divorce concludes.

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