While some divorces are amicable, couples that have decided to end their marriage often are angry and upset with one another. In some cases, this may lead to conduct that is intended to punish the other spouse for a perceived wrong or simply to move the process of disentangling each party’s lives from one another. Examples of this kind of behavior could include changing the locks on the marital home or openly dating prior to the finalization of a divorce. Many divorcing individuals are concerned that their spouse may attempt to cancel their health insurance during this period when a divorce is pending, an action that could have a significant financial or health-related impact.

Courts Tend to Keep the Status Quo

Fortunately for people who rely on their spouse or benefits provided by their spouse’s job for health care coverage, Colorado courts tend to keep the status quo while a divorce action is pending. This means that judges often issue orders directing the payment of temporary spousal support and could very well prohibit either party from taking any action that would impact health insurance coverage.

What About after the Divorce?

Whether or not a person will be able to cancel their spouse’s health insurance after a divorce depends on a number of factors. The Consolidated Omnibus Budget Reconciliation Act (COBRA) allows people to continue health insurance coverage under a group plan in certain situations that would otherwise disqualify them from coverage, including divorce. Importantly, people seeking coverage under this provision only have 60 days to do so, so it is important to act quickly. Individuals who obtain health care coverage through an ex-spouse’s plan are generally able to stay on that plan for a period of three years. These plans can come at high cost, however, as the insurer can charge 100 percent of the cost of the premium as well as 2 percent of the premium in order to recoup the costs associated with the administration of the plan.

Contact a Denver Divorce Lawyer Today to Discuss Your Legal Rights

Going through a divorce can be a confusing and upsetting experience that can cause turmoil in nearly every aspect of your life. For this reason, it is critical for anyone who is going through a divorce or who anticipates that one may be coming up to call an experienced lawyer as soon as possible. To schedule a consultation with Denver divorce attorney Harold Faletti, call our office today at 303-438-8377.


How Can We Help?

We encourage you to contact us if you have questions concerning bankruptcy, family law, probate or tax law. Attorney Harold Faletti is available to provide personalized attention and address your concerns.