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Is your soon-to-be ex-spouse threatening your health insurance?

On Behalf of | Apr 2, 2025 | Family Law

Even if you work at a place that offers health insurance, you might have decided to join your husband’s or wife’s plan. For Americans, doing so is exceedingly common. In fact, according to reporting from CNBC, more than 70% of married couples share health insurance.

Now that you are in the middle of a divorce, you may be wondering why you ever agreed to be on your spouse’s plan. This is likely especially true if your husband or wife has threatened to kick you off the policy. Luckily, your soon-to-be ex-spouse cannot remove you from his or her health insurance, at least for now.

A legal stay

When you or your spouse filed for divorce, a judge undoubtedly put into place a number of stays. A stay is a legal order that prevents parties to a lawsuit from doing certain things. Along with addressing other matters, the stays in your case likely prevent your spouse from stripping you of your health insurance.

Your future

Even though your health insurance is apt to remain intact until your divorce concludes, you should begin planning for your future. Indeed, because health insurance policies usually only cover spouses, your spouse’s plan will probably not cover you when you become an ex-spouse.

You probably have some options, though. For example, you may qualify for spousal support. If so, you can use your spousal support to pay for independent health insurance. You also may be eligible for temporary continuation of your existing health insurance through the Consolidated Omnibudget Reconciliation Act, but COBRA coverage is typically quite expensive.

Ultimately, by preparing now for your eventual loss of health insurance, you can ensure you do not have any lapses in your coverage.