What Happens to Your Health Insurance When You Get a Divorce in Nevada?
Understanding How Divorce Can Affect Your Health Coverage
When grown-ups decide they can’t be married anymore, they get a divorce.
Divorce is when two people who were married to each other legally agree to stop being married. This changes many things in their lives.
One significant change is what happens with health insurance.
Health insurance is essential because it helps pay for doctor visits and medicines when you get sick or hurt.
In Nevada, like in all places, the rules about your health insurance might change when you get a divorce.
Let’s talk about what you might expect.
If You Have Your Own Health Insurance
If you already have health insurance with your job or you pay for it yourself, it might not change much when you get a divorce. You get to keep your insurance, but you should tell your insurance company about the divorce. That’s because they need to know who should be covered by your plan.
If You're Covered by Your Spouse's Health Insurance
Things will change if you are on your spouse’s health insurance plan. After you get a divorce, you usually can’t stay on their plan. This is because that plan was for the family when you were married. But don’t worry, you have options!
- Get Your Plan: You can look for a new health insurance plan. There are many different kinds, so you can find one that fits your needs and can afford it.
- COBRA: This unique program lets you keep your ex-spouse’s health insurance for a limited time after divorce. But, it can be expensive. COBRA stands for Consolidated Omnibus Budget Reconciliation Act. It’s like a bridge that helps you stay insured until you can get your health insurance.
- Through Your Job: You can sign up if you work and offer health insurance.
If You Have Kids
If you have children, they need to stay insured, too. Usually, one parent will keep the kids on their health insurance plan. Sometimes, this is the parent who had the family on their plan before, but not always. The most important thing is that the kids have coverage.
What You Should Do Next
- Talk to Someone Who Knows: It’s a good idea to talk to someone who understands Nevada’s health insurance and divorce rules. This could be a lawyer or a health insurance advisor.
- Make a Plan: Consider what you need from your health insurance and consider your choices.
- Act Quickly: After a divorce, you have a certain amount of time to get new health insurance. This is called a “special enrollment period.” Please don’t wait too long, or you might miss it.
Breaking It All Down for You
Getting divorced is a significant change, but knowing what to do with your health insurance can make things easier. Remember, taking care of your health is always important!
Frequently Asked Questions
What is a special enrollment period, and how soon can I get new health insurance after a divorce?
A special enrollment period is a timeframe following a significant life event, such as divorce, during which you can enroll in new health insurance outside the regular enrollment period. Typically, you have 60 days after your divorce to secure further coverage.
After a divorce, can I add my children to my new health insurance plan?
Yes, you can usually add your children to your new health insurance plan. This adjustment can be made during enrollment to ensure your children remain covered.
Will my health insurance costs change after the divorce?
Your health insurance costs might change post-divorce. Transitioning from a spouse’s plan to an individual one could result in different premiums (the amount you pay monthly) and out-of-pocket expenses.
What if I can’t afford health insurance after my divorce?
If you’re concerned about affording health insurance post-divorce, you may qualify for subsidies or government programs like Medicaid, depending on your income. It’s essential to explore all options, including state exchanges for potentially more affordable plans.
How does COBRA work if I have pre-existing conditions?
COBRA allows you to maintain the same health insurance coverage post-divorce, ensuring your pre-existing conditions remain covered. However, be mindful that COBRA can be more costly than other alternatives.
Can my ex-spouse cancel my health insurance before the divorce is final?
Health insurance cannot be terminated during a divorce without court approval. Insurance is regarded as a marital asset that cannot be altered until the divorce is officially concluded.
Are there any Nevada-specific programs to assist with health insurance after divorce?
Nevada may offer specific programs or resources to help residents obtain health insurance. The Nevada Health Link serves as the state’s health insurance marketplace, providing information about various plans and potential state assistance eligibility.
Will my divorce decree impact how I handle health insurance for myself and my children?
Yes, your divorce decree may stipulate who is responsible for maintaining health insurance for the children and address how costs will be managed between the divorced parents.
What if my ex-spouse had health insurance through a military or government job?
Different rules may apply if your ex-spouse’s health insurance was obtained through a military or government job. Programs like TRICARE for military families have their guidelines for divorced spouses and children.
Can I negotiate health insurance coverage as part of my divorce settlement?
Health insurance coverage can indeed be negotiated during divorce proceedings. It’s often considered alongside discussions about spousal support and the division of marital assets and responsibilities.
Can I add my new spouse and stepchildren to my health insurance plan if I remarry?
Upon remarriage, you typically have the opportunity to add your new spouse and any stepchildren to your health insurance plan during the enrollment period prompted by your marriage.
Who can help me understand the health insurance options available after my divorce?
Health insurance agents, divorce attorneys, and financial advisors experienced in post-divorce transitions can provide guidance and help you select the most suitable plan for your circumstances.
Glossary
Health Insurance: A type of insurance coverage that pays for medical and surgical expenses incurred by the insured. Health insurance can reimburse the insured for expenses incurred from illness or injury or pay the care provider directly.
Divorce: The legal process of dissolving a marriage, which ends the marital union and the responsibilities and duties of the married couple to each other.
Premium: The amount of money an individual or business must pay for an insurance policy. Health insurance premiums are typically paid monthly, quarterly, or annually.
COBRA (Consolidated Omnibus Budget Reconciliation Act): A federal law that allows individuals to continue their health insurance coverage after leaving employment or in the event of divorce, although they must pay the entire premium.
Particular Enrollment Period: A time outside the yearly Open Enrollment Period when you can sign up for health insurance. Special enrollment periods typically follow certain life events such as divorce, marriage, or the birth of a child.
Subsidy: Financial assistance from the government to help people pay for their health insurance premiums, often based on income level.
Medicaid: A joint federal and state program that helps with medical costs for some people with limited income and resources. Medicaid also offers benefits not usually covered by Medicare, like nursing home care and personal care services.
Nevada Health Link: The health insurance marketplace for the U.S. state of Nevada. Here, individuals can shop for and compare insurance plans and see if they qualify for tax credits or Medicaid.
Divorce Decree: The official court document that finalizes a divorce. It may contain details about the division of assets, child custody, and arrangements regarding health insurance.
Marital Asset: Property acquired by either spouse during a marriage subject to division upon divorce.
TRICARE: A health care program of the United States Department of Defense Military Health System that provides health benefits to military personnel, retirees, and their dependents.
Spousal Support (Alimony): Financial support paid by one ex-spouse to the other after divorce. It’s often established based on the agreement between the couple or by court order.
Open Enrollment Period: The annual period when people can enroll in a health insurance plan. Open Enrollment for the following year typically happens at the end of the current year.
Out-of-Pocket Costs: Health care costs that aren’t reimbursed by insurance. These include deductibles, coinsurance, copayments for covered services, and all costs for services that aren’t covered.
Understanding these terms can help you navigate the complexities of health insurance coverage during and after a divorce.
Additional Resources for You
We would like to remind our readers of the invaluable resources created by our esteemed lead attorney, Molly Rosenblum Allen, Esq., designed to provide support and guidance in your time of need:
Las Vegas Divorce Attorney: Your go-to guide for navigating the complexities of divorce within Las Vegas, providing expert legal counsel and support. Discover More
Alimony in Nevada: Essential insights into the specifics of alimony in Nevada, helping you understand what to expect financially post-divorce. Learn More
Divorce and Mortgage: Navigate the intricacies of handling your mortgage during a divorce, ensuring you make informed decisions about your shared property. Explore Options
Divorce and Taxes: An essential guide on how to manage and understand the impact of divorce on your tax situation. Understand the Implications
Divorce and Bankruptcy: Guidance on navigating the complex intersection of divorce and bankruptcy, and how one can impact the other. Manage Your Finances
Student Loan Debt Divorce: Understand how student loan debt is treated in the context of divorce and what it means for your financial future. Plan Accordingly
How Much is Alimony in Nevada?: A focused overview of alimony calculations in Nevada, helping you estimate financial outcomes. Calculate Your Alimony
Divorce Attorney Fee: Insight into the costs associated with hiring a divorce attorney, helping you budget and plan for legal expenses. Understand the Costs
Who Gets the House in a Divorce in Nevada: Expert advice on property division in Nevada divorces, with a focus on determining who gets the house. Know Your Rights
How to Not Get Screwed in a Divorce: Proactive strategies to protect your interests and secure a fair outcome in your divorce proceedings. Protect Your Interests
Molly Rosenblum Allen, Esq. is dedicated to providing comprehensive, empathetic support throughout your legal journey. Make use of these resources to navigate your situation with confidence and clarity.
Offsite Resources You May Find Helpful
For additional support and information related to divorce and family law, readers may find the following offsite resources useful. Each resource provides a wealth of knowledge that can help you navigate through the legal complexities and emotional challenges of divorce:
American Academy of Matrimonial Lawyers
AAML – A premier organization for family law practitioners to elevate standards and improve practice in the field of family law.National Council of Juvenile and Family Court Judges
NCJFCJ – This organization provides judges with the knowledge and skills to improve the lives of families and children who seek justice.Legal Information Institute – Family Law
LII – An extensive collection of family law resources provided by Cornell Law School.DivorceNet by Nolo
DivorceNet – Offers a wealth of articles, FAQs, and state-specific legal information on divorce.National Domestic Violence Hotline
The Hotline – Essential resource for those facing domestic violence, offering confidential help and support.WomensLaw.org
WomensLaw – Legal information and support resources for women dealing with various forms of abuse and family law issues.
Each of these resources can offer guidance, support, and information to help you make informed decisions during a divorce or family law matter.
A Special Message From Our Lead Attorney
Molly Rosenblum, Esq
Dear Reader,
Thank you for taking the time to engage with our divorce resources. I hope you have found the information provided insightful and beneficial as you navigate this challenging period.
I understand that every situation is unique and often requires a personalized approach. My team and I at The Rosenblum Allen Law Firm are committed to offering you the dedicated support and legal expertise you need.
Please don’t hesitate to reach out if you wish to discuss the specifics of your case or if you’re ready to get the ball rolling on your situation. You can contact us at (702) 433-2889. We are here to listen and provide the guidance you deserve.
Warm regards,
Molly Rosenblum, Esq.
