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In most cases one spouse will provide health insurance for the entire family. However, now that you are getting divorced, a major concern is health insurance after your divorce is finalized. If you have children, you do not have to worry because their health insurance will not be interrupted. The concern is for the spouse who was not providing health insurance.

To begin, you are entitled to stay on your spouse’s health insurance until the Judgement of Divorce is signed. This can be months after your matter is finally settled whether it is settled by settlement or after trial. This allows you time to investigate regarding obtaining a new health insurance plan. However, you must not forget that your health insurance will no longer be available once the Judgment of Divorce is signed---not when you are notified that it has been signed as this can occur weeks after. Most people do not realize this and continue submitting health insurance claims under a policy that is no longer effective. The result is that you will be financially responsible as your do not have health insurance in place. Another option is that you can look into COBRA through your spouse’s policy after the divorce is finalized but ensure that there is a provision for this in the Agreement that you enter into.

If procuring health insurance is not an option, then ask your spouse to see if it will be agreeable to hold off on the Judgement of Divorce and live by your Separation Agreement. As this will resolve all aspects of your divorce, the filing of the final package seeking your Judgment of Divorce is nothing to be negotiated with as all the terms are already in your Stipulation. The filing the Final Package for Divorce which includes your Judgement of Divorce is not to be negotiated. The drawback is that you are legally married and thus, you are unable to get remarried until the divorce is finalized.

Take your time and think about all your options. If possible, discuss them with your soon to be ex-spouse and see how you both can benefit from ensuring all parties have access to a health insurance policy.

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