Law Office of Bradley R. Tengler, P.C.

Who pays for the kids' health insurance after divorce?

Insurance is a basic building block of a settled financial life. It isn't just that car insurance is required by the state to get a driver's license. Pretty soon, as ObamaCare take full effect, health insurance will be required as well, unless you want to pay penalties to the IRS.

And there are of course other important forms of insurance as well. Life insurance and disability insurance, in particular, are key components in a comprehensive plan to provide financial protection for your loved ones in the event that you die or become disabled.

What happens, however, when a couple with kids spits up? Issues concerning who pays for which insurance can affect many divorce settlements - not only in the Rockford area, but across the country.

In the case of health insurance, a divorce settlement will often specify which parent is responsible for providing health insurance for minor children. If the health insurance plan through one parent's job has normally covered the kids as dependents, the responsibility to do is likely to continue for that parent after the divorce.

To be sure, the situation can become complicated if neither parent has good health insurance through work. But when employer-provided benefits are available, there is no need to reinvent the wheel.

It should be noted, however, that sometimes medical expenses aren't completely covered, even for people who insurance. In those cases, payment may be divided between the two ex-spouses. A common arrangement is for each parent to pay a proportion, based on his or her income.

Of course, there are also other potentially complicating factors. For example, the parent with primary physical custody could moves out of state. Such a move may mean having to change health insurance providers.

Source: "Split Time: Kids, Custody and Insurance," Fox Business, Susan Ladika, 12-6-12

Our firm handles situations similar to those discussed in this post. To learn more about our practice, please visit our Rockford divorce page.


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