Health insurance is always a consideration when spouses are divorcing or if there are minor children who require support. One frequently asked question in a divorce consultation is “what happens to my health insurance?”
In Arizona family law, a preliminary injunction goes into effect when one party files for divorce. This injunction prevents one spouse from dropping another spouse, or minor children, from health care coverage. Upon divorce, however, the non-primary spouse typically becomes uninsured.
The overall result, according to a university study last year, is that each year nearly 115,000 women in the United States become uninsured as a result of divorce. Many of these women have been uninsurable due to preexisting conditions. The affordable care act, or Obamacare, prevents insurance companies from refusing to insure individuals based on preexisting conditions.
The other possible change due to Obamacare is that we have been promised more transparent pricing and plan options. This should make it easier to plan for spousal maintenance needs and the cost of health insurance. It should also make it easier to factor in the true cost of providing health insurance for minor children in the child support calculator.
Any way you slice it, health insurance needs to be a consideration in your Arizona family law case. Make sure to discuss health insurance with your attorney when facing a divorce or family law action.