What Happens to Health Insurance in an Indiana Divorce?
Divorce can bring significant changes to your financial and personal life—including health insurance coverage. While Indiana law does not require spouses to maintain health insurance for each other, courts often issue temporary orders to maintain the status quo during the divorce process.
This means that if you cover your spouse under your health insurance plan, you will likely be required to continue doing so until the divorce is finalized. However, once the divorce is complete, your spouse will no longer be eligible for coverage under your employer-sponsored plan, and they will need to seek alternative coverage.
Steps to Prepare for Health Insurance Changes
1. Begin Researching Your Own Coverage
If you currently receive health insurance through your spouse’s employer, it’s important to start looking at your own options before the divorce is finalized.
✅ Does your employer offer health insurance?
Many employers allow special enrollment due to life changes such as divorce.
Contact your HR department to explore your options.
✅ Explore the Health Insurance Marketplace
If your employer does not offer health insurance, you can purchase coverage through the Health Insurance Marketplace (Healthcare.gov).
Divorce qualifies you for a special enrollment period, allowing you to enroll outside the standard open enrollment period.
✅ Check Indiana State Health Programs
If you are unemployed or have a low income, you may qualify for Medicaid or other Indiana state-sponsored health programs.
📌 Learn more about insurance options after divorce: Indiana Health Coverage Programs
2. Understanding COBRA Coverage After Divorce
If you want to continue the same health insurance plan you had while married, COBRA may be an option.
What is COBRA?
COBRA (Consolidated Omnibus Budget Reconciliation Act) allows you to remain on your ex-spouse’s employer-sponsored health plan for up to 36 months after divorce.
Key Considerations for COBRA:
✅ Same Coverage – You can keep the exact same plan.
❌ Higher Costs – You must pay the full premium without employer contributions.
❌ Limited Timeframe – COBRA coverage typically lasts 18-36 months, depending on the employer’s plan.
✅ Good Temporary Solution – If you need time to transition to new coverage, COBRA can help bridge the gap.
How to Apply for COBRA Coverage:
Contact your ex-spouse’s employer’s HR department within 60 days of the divorce finalization.
Review the premium costs to determine if COBRA is a financially feasible option.
📌 Learn more about COBRA eligibility and costs: COBRA Continuation Coverage
3. Health Insurance and Children in a Divorce
If you share children, health insurance will likely be addressed as part of your child support order. In most cases:
✔ One parent is required to provide health insurance for the child.
✔ The cost of health insurance is factored into child support payments.
✔ If neither parent has employer-sponsored health insurance, the court may require coverage through the Health Insurance Marketplace or state-funded programs.
Final Thoughts: Protecting Your Health Coverage Post-Divorce
Planning ahead is essential to ensuring you don’t face a gap in health insurance coverage after divorce. Consider:
✅ Employer-sponsored health insurance if available.
✅ COBRA for temporary coverage, but be mindful of the cost.
✅ Marketplace or state-based programs if you need affordable options.
If you have questions about your legal obligations regarding health insurance during divorce, Vining Legal can help.
📞 Call or text (317) 759-3225 or Schedule a Consultation today.