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Can I stay on my ex’s health insurance in MO after a divorce?

Can I stay on my ex's health insurance in MO after a divorce?Most couples have family health insurance coverage during their marriage, usually provided by one spouse’s place of employment. This assures that the costs of raising a child are covered in case the paying parent passes away.

Only qualified dependents are usually covered under employer-sponsored health insurance policies. If you and your spouse are divorcing, you will almost certainly fall short of the standards. While your children will continue to be insured, you may no longer be protected after the divorce is official.

Although a court can order a parent to keep health insurance coverage for the couple’s children, it cannot do so for a former spouse since the law prohibits an insurer from keeping a former spouse on their policy.

How your health insurance is affected during a pending divorce process

Standard family law restraining orders, known as Automatic Temporary Restraining Orders or ATROs, take effect when the Summons for Dissolution of Marriage is filed or received.

ATROs prevent your spouse from modifying or canceling any of the beneficiaries on any insurance policy, including health, life, auto, disability, or coverage held for the benefit of either party or your minor children. As a result, your spouse cannot drop you from your health insurance while your divorce is pending.

If your spouse terminates your health insurance plan without a court order, they will almost certainly face legal challenges, putting their wages, percentage of community property, and separate property at risk.

What happens to your health insurance in MO after a divorce?

Every Missouri divorce case is different, but there are a few things you can typically expect with your insurance coverage when your divorce is finalized.

If your health insurance is provided by your spouse’s employment, your coverage may consequently stop when the divorce becomes final (unless the divorce order specifies your spouse to continue carrying your coverage).

You will need to seek health insurance for yourself once your ex-spouse’s employer’s insurance plan stops. There must be no gaps in coverage, so you should address this early on in the divorce process. You can’t stay on your ex-spouse’s health insurance once you have divorced, but your children can and should.

In some situations, the insured spouse may choose to maintain their ex-spouse on their employer’s insurance plan. While it may be desirable to remain on a former spouse’s low-cost or no-cost plan, doing so is sometimes difficult, especially because health insurance companies do not allow divorced couples to remain on health insurance coverage. If the insurance company was not informed of the divorce, it might revoke the insured spouse’s coverage or charge insurance fraud.

When one spouse badly wants to keep their insurance, a legal separation may be a better option than a divorce. If you suspect that health insurance will be a key problem in your divorce, speak with an experienced divorce attorney as soon as possible. 

Consult a qualified Missouri divorce attorney

A highly skilled divorce attorney from Shea Kohl Law, LLC may be able to assist you if you have any queries about your insurance policy or any other concerns pertaining to divorce. Our team of devoted legal experts is well-versed in Missouri’s divorce laws and can provide you with exceptional assistance for all of your family law requirements.

Call us today at (636) 946-9999 and let us evaluate your case.

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Shea Kohl Law, LC serves clients in Missouri including St. Charles, Troy and Lincoln and throughout Warren and St. Louis counties. We also serve clients in Illinois.