When your divorce proceedings begin, both spouses are served with Automatic Orders. These orders state that everything must remain status quo, meaning whoever is holding the health insurance for the couple and the children must continue to hold that insurance until a Judgment of Divorce is signed. A spouse cannot change their current health insurance policy during the divorce proceedings.
Along with the Automatic Orders, the spouses are also served with a Notice of Health Insurance Coverage. This document explains that once a Judgment of Divorce is entered, a spouse may not be eligible to be covered under his or her spouse’s health insurance plan. Your Stipulation of Settlement will include a clause regarding health insurance and will determine which spouse will continue to hold the health insurance for the children, if any, until emancipation.
Although your children will continue to be covered under your spouse’s health insurance, you will have to find a policy that will work for you moving forward. For some this may be difficult but it is comforting that while your divorce proceedings are pending you will continue to be covered and do not have to search for new policies until the end of your proceedings.