Health Insurance and Divorce in Illinois

 Posted on October 29, 2024 in Divorce

Health insurance is an essential part of any divorce plan, impacting both adults and children and adding a potentially significant expense to life after divorce. Divorcing spouses should understand their options for ongoing coverage, the potential financial impact of finding insurance coverage after divorce, and how to address health insurance needs in a divorce agreement. 

At The Stogsdill Law Firm, P.C., we understand that health insurance can add yet one more concern to an already full plate during divorce planning. Call our Wheaton, IL divorce attorneys to learn more about how we can help you solve insurance coverage issues and other problems during your divorce. 

Can Health Insurance Be Included in a Divorce Decree?

In Illinois, health insurance can indeed be part of a divorce decree. Couples may agree to specific terms regarding the continuation of health insurance coverage for a spouse or for any children. These terms can address who will cover premiums, how long coverage will continue, and how future medical expenses will be handled. Including health insurance in a divorce agreement ensures clear guidelines and financial responsibility, which can reduce fights and misunderstandings post-divorce.

How Are Health Insurance Needs for Children Addressed?

Under Illinois law, parents are generally required to provide health insurance for their children until they reach 18 or finish high school. As part of a divorce agreement, the court may order one or both parents to maintain health insurance for their children, and will usually specify which parent is responsible for insurance premiums or out-of-pocket expenses. Health insurance responsibilities can also be shared, depending on the parents' financial situations and any unique medical needs of the child.

How Long Do Divorcing Spouses Have to Find New Health Insurance Coverage?

In Illinois, once the divorce is finalized, most health insurance policies no longer allow one spouse to remain on the other's employer-provided plan. However, divorced spouses typically have several options for continued coverage:

• COBRA Coverage: Under the federal Consolidated Omnibus Budget Reconciliation Act (COBRA), a former spouse can stay on their ex-spouse's health insurance plan for up to 36 months. This allows for continued coverage but often at a higher premium, as the former spouse must pay the full cost without employer contributions.

• Affordable Care Act (ACA) Marketplace: Many divorced spouses opt for health insurance through the ACA marketplace, where financial assistance may be available based on income.

• Medicare and Medicaid: Eligibility for Medicare or Medicaid may also be an option, particularly for those who meet specific age or income requirements.

These options allow a divorced spouse time to transition to a new plan without immediate gaps in coverage.

What Happens if I Do Not Get Health Insurance Coverage From My Spouse?

The divorce decree's health insurance provisions are enforceable by Illinois courts. If a spouse does not comply with these orders, he or she may face legal consequences, including potential modifications to the original agreement. Divorcing spouses can work with their attorneys to ensure that clear terms are included in the divorce decree regarding health insurance and that any coverage changes are implemented without delays.

Contact a DuPage County, IL Divorce Lawyer for Guidance

If you are considering divorce and have concerns about what that might mean for the health insurance for you or your children, consulting a family law attorney can help ensure your needs are covered both now and in the future. Contact a Wheaton, IL divorce attorney at The Stogsdill Law Firm, P.C. at 630-462-9500 for a consultation. We can provide guidance on health insurance, asset division, and other essential elements of your divorce case.