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One of the most challenging aspects of divorce is the change that comes in many areas of your life. Preparing for those changes is crucial to your success after a divorce ends. Many people go through a divorce just hoping to make it out as quickly as possible. While this is an understandable goal to have it does not accomplish very much for you. Rather, having goals and a strategy to achieve those goals is what matters most in a divorce scenario. However, it takes planning and intentionality to achieve goals in a divorce setting.
That is where the experienced family law attorneys with the Law Office of Bryan Fagan come into play. We help people just like you not only get through their divorce but find success after a case ends. It may seem like a divorce is the end of the world. Or that your former way of life is something that you can never hope to achieve. However, our attorneys will tell you there are options during a case and limitless possibilities for your life after a divorce.
Divorce and its impact on your health insurance
The prospect of losing your health insurance is a real concern for many people who are going through a divorce. When your insurance coverage is provided by your spouse this is an element of a divorce that you need to plan for. Unfortunately, there are so many other subjects that compete for your time and attention in a divorce that health insurance can be overlooked. By looking at this subject now you may be able to help avoid negative outcomes in the future.
Contractual alimony as a means to maintain health insurance coverage
Texas does not have “alimony” as it is considered in many other states. We hear about alimony from television shows and movies with some regularity. Think about the rich, business tycoon character paying his ex-wife some large amount of money immediately after the marriage. That money is typically called alimony. The ex-wife gets the money and complains it is not enough. On the other hand, the rich businessman complains it is way too much money for her to be paid.
In any event, Texas does not have alimony like this as a part of our Texas Family Code. Rather, Texas has something called contractual alimony. Contractual alimony can be negotiated between you and your spouse as a settlement. Whatever terms you both come up with for contractual alimony should be specific and well thought out. Including those terms in your final decree of divorce is another wise idea.
Maintaining health insurance coverage is a potential benefit of receiving contractual alimony. This can be done in several ways. Many health insurance companies will not allow an ex-spouse to remain covered under a workplace or marketplace plan. However, in some situations, a member will just have to pay extra to maintain your coverage. If you and your spouse are interested in this then you should check with the health insurance provider early in the process to verify these details.
Unsure of where to begin? Contact the Law Office of Bryan Fagan
So far in today’s blog post, we have touched on topics ranging from divorce to contractual alimony to maintaining health insurance after a divorce. In truth, this is just the tip of the iceberg when it comes to relevant subject matter in a divorce. There are many more subjects which demand your attention and time. For situations like this, it is wise to know what to expect before you encounter any problems in a divorce.
Make no mistake, problems will find you in a divorce. Even if you don’t create the problems yourself those problems will come. This is where you need to have experienced help by your side. An attorney with the Law Office of Bryan Fagan has been through so much representing and serving our clients that we are well-disposed to assist you and your family, as well. Having questions is not a bad thing in a divorce. However- finding answers to those questions is essential.
The attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week. That means that if you have a question about something you read in this blog post we are here to help. Contact us today for a consultation. We enjoy serving our clients and look forward to the possibility of serving you, too. A consultation allows you to ask questions and receive direct feedback about your case.
What do you need to know about health insurance maintenance after a divorce?
It is possible to maintain your health insurance even after a divorce. As an ex-spouse, you are protected for at least three years after the divorce if you wish to continue to be covered by your ex-spouse’s plan. So long as your ex-spouse has custody of the kids the same is true for your children. Only a spouse or children can be on a person’s insurance in Texas. Federal programs allow spouses to remain on insurance after the divorce.
What is COBRA?
COBRA is the federal program that allows you to remain on your ex-spouse’s insurance for up to three years after your divorce. Many insurance providers will automatically remove you from your spouse’s insurance after the divorce. When you are removed from insurance, the provider must give you written notice within two weeks of removal of your rights to remain on the insurance plan. You can complete an application that would potentially allow you to remain covered.
However, you have a limited amount of time after the divorce to complete your application. If you do not complete and submit the application within sixty days of the divorce you would be out of luck. At that point, you would need to secure insurance through your employer, a private marketplace plan, or seek coverage through Medicaid. There are options for you to consider but you need to do so with enough time to make a well-informed decision. For instance, parties who wait too long can risk losing their coverage through an ex-spouse. This may be your best option when it comes to remaining eligible for health insurance.
Start by performing some basic research into health insurance plans. The idea of staying on your ex-spouse’s insurance is appealing for many reasons- not the least of which is not having to potentially change your doctor and update information elsewhere. However, eventually, you will lose the ability to remain covered under your spouse’s plan. If you have the resources now may be the best time to find other coverage.
What happens to your insurance coverage during a divorce?
Some spouses will attempt to remove their husband or wife from their health insurance even during the divorce. If this happens then you need to act quickly to apply for COBRA. However, bear in mind that your spouse should not be engaging in this behavior during a divorce. Your spouse is legally prevented from doing so under the temporary orders of your case. Look through your temporary orders to make sure there is language that includes a prohibition against changing insurance coverage during the case for you and your children.
The more common timeline for health insurance is to be removed by your spouse once your divorce comes to an end. At that point, you would begin the process of applying to remain on the plan described above. Being familiar with this timeline is important so that you don’t have any lapses in coverage. The last thing you want to do is find yourself in a position where you lack insurance coverage during a time when you need it.
Contractual alimony versus spousal maintenance
We have already discussed how Texas does not have alimony under our family code. At least, we do not have alimony as it is commonly thought of in other states. However, we do have spousal maintenance as a rough approximation of alimony. Spousal maintenance can only be ordered by a judge in a trial. The main difference between these two forms of spousal support is that a judge orders spousal maintenance while you and your spouse agree to contractual alimony.
Spousal support during the divorce and maintenance after the divorce may not include anything having to do with health insurance. Spousal maintenance is supposed to be a minimal amount of money per month to help keep your head above water. The idea that spousal maintenance is supposed to keep you living a certain lifestyle is simply untrue. Spousal maintenance is geared towards helping a spouse who lacks financial support to provide for themselves.
Negotiating health insurance as part of contractual alimony
When you have health insurance through your spouse’s employer then you need to consider your options during a divorce. Negotiation both for temporary spousal support and contractual alimony is important. This is where you can determine what your coverage for health insurance is going to look like after the conclusion of your case. Remember that if you have minor children then those kids will need to be covered by your insurance, as well.
Start to look at different health insurance plans to determine how much money you will need monthly to pay for health insurance premiums. It will vary depending on where you live, what your health history is like, and other factors. When you negotiate for contractual alimony you should account for these costs, as well.
Where to go from here when it comes to your insurance?
Facing the prospect of losing your insurance coverage because of a divorce can be a daunting challenge to confront. Certainly, you do not want to lose insurance coverage at all. Having gaps in coverage leaves you susceptible to large bills if you need to seek medical care. Nobody wants to find themselves in a situation like this. Rather, you want consistency in your coverage. This is true not only for yourself but for your children as well. What needs to be included in your final decree of divorce for your children when it comes to health insurance?
For your minor children, they will need to have health insurance coverage provided to them. A family court judge will verify that some consideration is being paid to health insurance. The options for your children are to continue the kids on the health insurance plan they are currently covered under. In the alternative, your children may be switched onto a plan provided by your insurance provider. Compare premium costs, coverage, and other factors before making a change like this.
A final option for the kids’ insurance is to have them covered by Medicaid. Medicaid is a government health insurer that allows certain groups to be insured. Children, young mothers, and disabled persons have coverage available through Medicaid. Reach out to the State of Texas to see what your options are. If your children are covered by Medicaid then you or your ex-spouse would need to reimburse the state for coverage.
Division of marital property and its impact on insurance coverage
It may not seem like it, but marital property division Impacts our discussion of health insurance coverage. Consider that the amount of money in a property you receive from marital property division can impact your finances long into the future. Even though spousal maintenance is difficult to be awarded in a divorce that does not mean that you will be left in the cold period specifically if you can show that you will lack sufficient property to live on after the divorce and disproportionate division of your marital property may be possible.
A disproportionate division of marital property means that the property in your marital estate may be divided in your favor. A just and right division of marital property is the legal standard utilized by courts. Therefore, all your circumstances must be considered when dividing Community property. If a court is likely to determine that circumstances are not in your favor when it comes to property, then you may be able to negotiate for a disproportionate division during the negotiation phase of your divorce.
This should impress upon you the importance of preparing diligently for all phases of your case. Even though insurance matters may not be the most obvious consideration when it comes to dividing marital property there is a relationship there. This is what makes divorces so challenging. Each element of your case impacts the other portions. You are not able to say that one area of your life does not impact the other. Think about the interconnectedness of your life as you proceed into a divorce.
How an experienced family law attorney can help you
Facing challenges in a divorce setting is all a part of the process. Without a doubt, families like yours need to be prepared for several different outcomes that may come about because of your divorce case. At the same time, the responsibilities of your life do not simply go away just because a divorce has been filed. Rather, it can seem like the speed of your life only increases once your divorce is filed. What can you do in a situation like this to help you navigate these choppy waters?
Working with an experienced family law attorney is a great place to start. The Law Office of Bryan Fagan has been fortunate to serve thousands of fellow Texans in family law courts across our state. We know how challenging it can be to handle complex matters related to divorce. These are intensely personal issues that stand to impact your life for many years to come. At the same time, finding answers to difficult questions is not always easy. The Internet provides a great deal of information but being able to trust what you find online is not always easy.
Do not go into your divorce with more questions than answers. There is nothing wrong with asking questions about a case and trying to find answers. However, being able to find trustworthy answers can be more difficult than you would imagine. Starting out trying to find answers in a blog post like this one is a good start. However, your journey towards divorce enlightenment should not end there. Rather, taking the next step and meeting with an experienced family law attorney should be considered.
Resources for families going through divorce
As you continue to try and accumulate knowledge for your divorce preparations we hope that you will consider the Law Office of Bryan Fagan. Our licensed family law attorneys post unique and informative content regarding Texas family law each day of the week. To learn more about family law in Texas as well as our law practice simply reach out to one of our attorneys today.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
The attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.
