Dealing with your health insurance
company is probably not at the top of your "to do" list if you're going
through a divorce, but it's necessary — especially when it comes to
issues regarding children.
Let's
suppose a couple insured on the husband's group policy files for
divorce and the wife needs to be taken off of the husband's health
plan. The husband should inform his employer or health plan
administrator of the change, most likely by filling out an enrollment
or change-of-policy form. The form is then forwarded to the health
insurance provider, who makes the appropriate adjustments to the
policy.
COBRA
guarantees, in this example, that the wife can buy 36 months of health
coverage through her ex-husband's group health plan. When a husband
notifies his employer of the divorce, the employer will send notices to
the family members on the policy, informing them of their right to
COBRA coverage (it's important to know your COBRA rights).
Since
COBRA benefits are meant to be short-term, the wife should consider
securing another health insurance policy. In addition, if both parties
have group coverage available through their workplaces, the spouse who
is dropped from the original health coverage can immediately pick up
group coverage through his or her employer without waiting for an open
enrollment period.
Individual
health policies work much the same way. When your divorce is finalized,
you'll have to notify your insurance carrier and the company will
terminate the policy you and your ex-spouse shared. Both of you will
then have to re-enroll or buy coverage from another insurance provider.
If you and your ex-spouse decide to stick
with the same insurance company, it will issue two separate policies
after the application process is complete.
The COBRA law does not apply to individual health policies.
Your
children will be covered by either you or your ex-spouse's insurance
provider, or both. A group policy will typically be used before an
individual policy to cover the children.
Also
keep in mind most HMOs are not national health care providers; they're
limited to regional networks of providers. This can complicate your
children's insurance. Your children might still be insured by your
spouse's policy, but if you and the children move outside the HMO's
service area, coverage for your children will be limited to emergency
care only.
| The court system will make sure your children are getting the necessary coverage. |
Individual policies are so expensive that adding dependents to one when
the other parent has a group policy is a costly decision. There's no
reason for you, with a group health plan, and your wife, with an
individual plan, to both name your children as dependents.
Here are tips for single parents whose children lack health insurance.
By
the same logic, it doesn't make sense to name children on both group
plans and pay for two separate family coverages. If you can work
through these issues amicably, the two of you should decide which group
plan offers the best benefits for your children. Remember that notices
about changes in benefits and rules will be mailed to the parent who
holds that plan, even if the other parent has custody.
If
you and your spouse aren't communicating, the courts will generally
make sure the spouse with custody has all the necessary information to
guarantee health insurance for the children.
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