| Federal and state laws protect the continued | | | | otherwise terminate under the policy, which ever |
| availability of health insurance coverage to divorcing | | | | occurs first. There are several common ways health |
| couples and their children. At the start of a divorce, a | | | | insurance is dealt with once a divorce is finalized. |
| restraining provision in the Summons prohibits the | | | | |
| alteration or cancellation of any health, medical, or life | | | | Example #1: Jane and John each have health |
| insurance policy currently in effect. This means that | | | | insurance available to them through their respective |
| neither party may cancel coverage or change the | | | | employers. COBRA coverage does not apply |
| type or amount of insurance coverage being provided | | | | because a separate group insurance plan is available |
| for a spouse or the parties' children without the court's | | | | to each person. Even if John was covered under |
| permission. When a divorce is finalized, Minnesota | | | | Jane's group policy during the marriage, COBRA |
| law and the Consolidated Omnibus Budge | | | | coverage does not apply because John has his own |
| Reconciliation Act of 1985 (COBRA) allow for the | | | | group plan available. Generally, Jane and John would |
| continuation of health insurance benefits for a former | | | | be responsible for maintaining their own health |
| spouse for a specific period of time. | | | | insurance policies. |
| | | | | |
| Health Insurance Coverage for Children after a | | | | Example #2: Jane does not have health insurance |
| Divorce: | | | | available to her and during the marriage she was |
| | | | | covered under John's employer's health insurance plan. |
| If a person has dependent health insurance coverage | | | | COBRA coverage is available to her. To continue |
| available to him or her through an employer, that | | | | health insurance coverage under John's plan, Jane has |
| person will be able to continue to maintain coverage | | | | 60 days from the date the divorce is finalized or 60 |
| for the children after the divorce, even if that person is | | | | days from the time she receives notice from the plan |
| the non-custodial parent. The cost of that coverage is | | | | administrator of her intent to elect COBRA coverage. |
| then apportioned between the parties. For example, if | | | | Once elected, coverage is available for a maximum of |
| Jane and John both have dependent coverage | | | | 36 months. Usually, Jane is responsible for her portion |
| available through their respective insurance plans, they | | | | of the health insurance cost. While COBRA coverage |
| can choose which plan is most cost effective for their | | | | is generally more expensive than health coverage for |
| children. When child support is calculated, each parent | | | | an active employee, it is often less expensive than |
| is required to pay a percentage of the insurance | | | | buying private health insurance. |
| premium, based upon their portion of the parental | | | | |
| income available for support. The cost of unreimbursed | | | | Example #3: Jane does not have health insurance |
| medical and dental expenses (such as deductibles and | | | | available to her and during the marriage she and John |
| co-pays) is usually shared based on the same | | | | were covered under his small business's health |
| percentage. | | | | insurance policy. If John's employer has fewer than 20 |
| | | | | employees, COBRA coverage is not available to Jane |
| If only one parent has dependent health insurance, that | | | | as the law does not apply to John's employer. Jane |
| parent will be ordered to continue to provide health | | | | must then look for coverage through a private insurer. |
| insurance coverage and each parent's share of the | | | | The parties can negotiate who will be responsible for |
| cost will be calculated as described above. | | | | paying the insurance premiums. |
| | | | | |
| Health Insurance Coverage for Spouses after a | | | | Example #4: Jane and John are self-employed. During |
| Divorce: | | | | the marriage, they maintained an individual insurance |
| | | | | plan as a couple. COBRA coverage does not apply. |
| In Minnesota, it is against the law for a health insurance | | | | Each party would be responsible for obtaining his or |
| policy to terminate coverage for the spouse of an | | | | her own health insurance coverage. The parties can |
| insured solely because of a divorce. Instead, the law | | | | negotiate who will be responsible for paying the |
| requires that the coverage afforded to the insured's | | | | insurance premiums. |
| former spouse continues until (1) the insured's former | | | | |
| spouse becomes covered under any other group | | | | To speak with a lawyer about your health insurance |
| health plan, or (2) the date the coverage would | | | | concerns during a divorce call 952-746-4111. |