Do I Have Any Legal Right To Continue Health Coverage After A Divorce?

After a divorce, each adult party will be responsible for their own health coverage. In some cases, parties will agree to delay the finalization of the divorce decree so that one party can take advantage of the health coverage the marriage provides. For example, one party might be in need of a surgery or procedure and will not want to lose their health coverage before it’s been completed. Such provisions are rare, but possible.

Can I Remove The Other Party From My Insurance Before Filing For Divorce?

An individual can technically remove their spouse from their insurance policy prior to filing for divorce, but this would be seen by the judge to be distasteful and retaliatory, unless the parties had been separated for some time and already made alternate insurance arrangements. Removing the other party from the insurance plan immediately before filing for divorce could cause a person to lose credibility with the court. In fact, new Utah Rule of Civil Procedure 109 specifically prohibits one party from removing the other party from their insurance policy or allowing that insurance to lapse after the divorce petition has been filed.

Will The Judge Make The Other Party Continue Coverage For My Child After Divorce?

Section 78B-12-212 of the Utah code essentially says that parties shall maintain or obtain medical insurance for minor children when it is reasonably available through their employer or at reasonable cost. Each party will be responsible for half of the children’s portion of the insurance premiums and out-of-pocket medical expenses. However, if neither party can reasonably afford medical insurance, then neither party will be ordered to provide it.

For more information on Health Coverage After A Divorce In Utah, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (801) 616-3301 today.

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*Child Welfare Law Specialist Nat’l Assoc. of Counsel for Children