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Child Health Insurance Coverage During Divorce
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Child Health Insurance Coverage During Divorce

On Behalf of | Dec 28, 2017 | Child Custody, Child Support, Divorce

San Elijo Hills, CA – When it comes to a divorce involving children, health insurance can become an immediate concern.

“You want to make sure both you and your children retain coverage, no matter who carried that coverage during the marriage,” notes divorce attorney John Griffith. “In California, health insurance must continue to be provided for dependent children, but it still can become a fairly complicated matter.”

In fact, California Family Codes 3750-3753 go so far as to note that both dental and vision coverage are required for children whose parents are divorcing. While the premium costs do come into play, especially when it comes to each spouse’s salary, California family law mandates medical support as part of the child support settlement.

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“As always,” says Griffith, “each case is so unique that it’s crucial to meet with an experienced family law attorney who knows the intricacies of these laws. There may be stipulations of which you were unaware, but that can have drastic consequences once the divorce is finalized.”

Considerations for Health Insurance During a Divorce

Your children’s and your own health insurance coverage can potentially change during and after your divorce. Here are some points to consider as you and your spouse determine what coverage is needed for each party:

  • Can the spouse ordered to pay child/medical support afford it? If not, there are two forms that can be filed with the court to change or end the order: Form FL-478 (The Request and Notice of Hearing Regarding Health Insurance Assignment) and Form FL-150 (Income and Expense Declaration). Furthermore, Covered California is a resource that can assist low-income families in getting health insurance for children and adults alike.
  • What are the child support conditions of the divorce? These can vary widely from case to case, as child support is a complex matter involving myriad variables. For example, how long after the divorce will the spouse providing health insurance coverage be required to do so for the children? Will it be the same coverage the children had during the marriage, or will significant changes be made? These are all important child support issues to discuss with your attorney during the divorce process.
  • How will each spouse get health insurance during and after the divorce? Not only the children, but the spouses themselves matter too, as health insurance is an important –and often expensive—part of life. In California, it may be possible for each spouse to remain covered under the plan used during the marriage, though coverage timelines may vary. In some cases, COBRA (Consolidated Omnibus Budget Reconciliation Act) coverage can be used, depending on each spouse’s income.

The Bottom Line

It’s essential that both spouses and their children have access to continued health insurance at all points in the divorce process. For the best possible results, you’ll absolutely need to confer with a seasoned family law attorney who knows the ins and outs of this particular type of legislation.

To talk about securing health insurance for you and your children during your divorce, schedule a free consultation with the experienced attorneys at Griffith, Young, and Lass today. This exceptional, professional team will work with you to achieve a desirable outcome to your case.

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