Maintaining health insurance coverage is a major concern for many people due to the high cost of medical care. People who have health insurance through their spouse’s group plan at work may fear losing coverage after divorce.
Will you lose your health insurance coverage after a divorce?
If you rely on health insurance that your spouse obtained through an employer, Colorado statute protects you from losing that coverage while the divorce proceedings are occurring. Additionally, your spouse can not intentionally allow the policy to lapse by not paying the premiums. However, you will probably lose that coverage when you get divorced.
The Consolidated Omnibus Budget Reconciliation Act gives you the right to stay on your spouse’s policy for 60 days after the court issues the divorce decree if you pay the premiums. However, this only applies to employers that have 20 or more employees. If your ex-spouse’s employer has fewer than 20 employees, you may qualify to continue coverage under Title 10 of Colorado’s Insurance Health Care Coverage law.
Alternatively, you can get a new plan through your employer, if your employer offers health insurance, or seek a private health insurance plan in the health insurance marketplace. If you can not afford to pay the premiums, you may receive a subsidized rate based on your income.
People who have health insurance through a plan offered by their spouse’s employer may be eligible to temporarily remain on that plan after a divorce. However, once the temporary period expires, you will need to obtain your own coverage.