Over the years we have talked to numerous clients who retain us to represent them in separation actions as opposed to divorce. One reason an individual and in some cases both parties may want to file a separate maintenance action as opposed to divorce is related to health insurance coverage. Most health insurance policies do not permit a spouse to carry a divorced spouse on the insurance policy as a dependent. This is problematic for some couples especially where they are in agreement on divorce but the non policy holding party needs ongoing medical care and neither party want to leave them without coverage. In recent years we have helped numerous individuals separate getting temporary orders of alimony, child support, custody, property division, etc. while still being able to maintain their spouse on their health insurance and technically staying divorced. Thus, many people have stayed married simply for the health insurance benefits
Obamacare and Health Insurance
One of the unintended consequences of the Affordable Care Act (Obamacare) is that many, if not all, couples who use to be facing the conundrum of wanting to be divorced but needing to stay married for the insurance, will not have to worry about losing coverage. You see, a spouse being dropped off a policy should now qualify for subsidies insurance on his/her own and cannot be turned away for preexisting conditions. Therefore, the result will be more people will likely be getting divorced. That is, less people will be staying together in a marriage solely for health insurance.
Speaking with a Lawyer
If you are considering legal separation, divorce, or any other legal action against a spouse, an Ogden Divorce Lawyer at our firm can help. We can also help you explore new health insurance options and point you in the right direction to make your divorce transition as smooth as possible.
