Divorce and Medical and Life Insurance

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How Do We Split up Medical Insurance Coverage in a Divorce?

If the couple getting divorced happens to have any children, one consideration that needs to be determined first is who will provide the coverage for those children. 

The usual way of doing this is whichever spouse was providing coverage for the children during the marriage continues to do so after the divorce. Any additional medical expenses for the children should also be taken care of. An easy way of doing this is having each parent pay a certain percentage of the expenses based on what percent of the shared income during the marriage consisted of their own salary.  

For instance, if the mother's income made up 2/3 of the annual shared income, and the father's made up the other 1/3, the mother would pay 2/3 of the child's outstanding medical bills while the father would pay for the rest.Also, if you were covered by COBRA under your spouse's employer-sponsored medical benefits program, you may still be able to continue coverage after the divorce.  It will be up to you to contact your ex-spouse's employer to see if you qualify for coverage, but it is not the employer who will be directly covering any medical expenses you have, but rather your ex-spouse.

How Should We Split Life Insurance in Divorce?

When you are getting a divorce you will want to check your life insurance policy to make sure it is updated to meet your current needs. You may want to change the beneficiaries listed on the policy, but some states do not allow you to while you are in the middle of a divorce, so be sure to contact a divorce attorney first. Also, depending on how much support you are now providing for your children, you may want to increase the amount on your policy, or if you are depending on your ex-spouse for support and alimony you may want them to increase the amount of coverage on the policy.  This is something you should work out in your divorce agreement.

Should I Consult a Divorce Attorney?

The issue of insurance in divorce complex. You will probably want to consult an experienced divorce attorney who can make sure your interests are represented properly during the process. Your attorney will be able to notify you of your options and help you make the decisions in a way that best represents your interests.

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Last Modified: 02-05-2014 04:51 PM PST

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