A Chicago couple was delighted when they found out they were expecting. Their son ended up being born after only 25 weeks of gestation. While he did survive, he lives with multiple health issues, including cerebral palsy, feeding issues, and epilepsy. The stress of their son’s chronic illness caused the couple to drift apart emotionally. The wife would like to get a divorce, but she quit her job to care for her son. Her husband’s insurance benefits are excellent, and she is concerned about whether she and her son will have high-quality medical care after the divorce.
How to Stay on Your Husband’s Health Insurance
Health insurance costs are among the most expensive aspects of getting divorced for many couples. If a spouse has been out of the workforce for a while, becoming self-supporting can be a daunting prospect. The most significant expenses will be housing, a vehicle, and food. The fourth most expensive cost will be health insurance, with premiums averaging over $8,000 per year. Most insurance deductibles are at least $1,500.
Thankfully, Illinois has a spousal continuance law that allows someone who has been divorced to remain on his or her spouse’s employment-based insurance plan after the divorce is finalized.
If you would like to stay on your spouse’s health insurance after getting divorced, your spouse will need to notify his or her employer. The notification must happen within 30 days of the final divorce decree. The insurance company will need to send you a notice about the continuation of coverage. You will need to return your response to the insurance company within 30 days of receiving the notice.
How Long Can You Stay on Your Ex’s Insurance?
If you are under 55 when you get divorced, you can stay on your spouse’s health insurance plan for a maximum of two years. If you are 55 or older when you get divorced, you can stand your spouse’s continuation coverage until you are eligible for Medicare. If you remarry, obtain insurance through your employer, or fail to make payments for the premium, your coverage can be terminated.
Keep in mind that you may qualify for spousal maintenance payments after getting divorced, especially if you agreed to stay home and take care of your child. These payments may be enough to cover your health insurance premiums, and your lawyer can negotiate aggressively to ensure you receive the money you need. Additionally, your lawyer can advocate that your spouse continue paying for your child’s health insurance premiums as part of your child support arrangement.
Discuss Your Case With a Chicago Divorce Lawyer Today
Working with an experienced attorney is one of the best things you can do when negotiating the outcome of your divorce. If you need representation for a divorce or child support matter in Cook County, Glasgow & Olsson is here to help. When you need an attorney, experience matters. Contact us today to learn how our experience can get you the results you deserve.