Can I Stay on My Spouse’s Illinois Health Insurance After Divorce? - DuPage County Divorce Attorney | Bloomingdale Family Law Lawyers
Button 1 Button 2 Button 3 Button 4 Button 5 Button 6
Mevorah & Giglio Law Offices
DuPage County Attorneys


900 E. Roosevelt Road, Lombard, IL 60148

Phone: 630-932-9100


134 N. Bloomingdale Road, Bloomingdale, IL 60108

Phone: 630-529-4761


1730 Park Street, Suite 202, Naperville, IL 60563

Phone: 630-420-1000

Can I Stay on My Spouse’s Illinois Health Insurance After Divorce?

Posted on in Family Law
  • Font size: Larger Smaller
  • Print

DuPage County Family Law LawyersFinancial preparation prior to filing for divorce can substantially ease your stress during and after divorce. If you have been out of the workforce for some years, the idea of becoming self-supporting can be daunting. The three biggest expenses you need to plan for are your home, car, and food. Your fourth largest expense will be for medical care and health insurance. The annual premium for an individual health plan in 2018 was nearly $7,000--over $500 per month--and that plan comes with an average deductible of $1,500. Fortunately, Illinois has a Spousal Continuation Law (215 ILCS 5/367.2) that allows you to remain on your spouse’s employment-based insurance plan after divorce.

How to Stay on Your Spouse’s Health Insurance After Divorce

If you want to remain on your spouse’s health insurance after your divorce, your spouse must notify their employer and insurance company of the divorce within 30 days of the final decree. This will trigger the insurance company to send you a notice about the continuation of coverage. You must return your response to the insurance company within 30 days.

The Cost of Spousal Continuation Coverage After Divorce

When you elect spousal continuation coverage, you must pay the entire premium. That includes both the amount an active employee would normally pay plus the employer contribution. Employees typically pay about 20 to 30% of the total premium, with the employer picking up the majority of the cost.

Length of Time You Can Stay on Your Ex’s Medical Insurance

If you are under age 55 at the time of your divorce, you can stay on spousal continuation coverage for a maximum of two years. If you are age 55 or older at the time of your divorce, you can stay on spousal continuation coverage until you are eligible for Medicare. Your coverage may terminate earlier if you remarry, obtain insurance through your own employer, or fail to make timely payments. You may want to select continuation coverage initially, then take your time shopping for alternative coverage on the health insurance marketplace, to ensure that you do not have any gaps in coverage.

Paying the Cost of Health Insurance After Divorce

You may qualify for spousal maintenance payments after divorce, which can provide you with sufficient funds to cover your health insurance payments. Your divorce attorney can argue for maintenance on a variety of grounds, including your realistic earning capacity and any impairment of your earning capacity that resulted from your devoting time to domestic duties.

Consult Our Lombard Divorce Lawyers

If you have concerns about your ability to become self-sufficient after a divorce, talk to our DuPage County divorce attorneys. Prior to filing for divorce, there are steps you can take to get your finances in order. Call Mevorah & Giglio Law Offices at 630-932-9100 for a free initial consultation.


Latest Blog Posts


  • DuPage County Divorce Lawyers
  • Elite Lawyer
  • National Association of Distinguished Counsel
  • Top 40 Under 40
  • 2015 Top 40 Lawyers Under 40
  • Super Lawyers
  • Better Business Bureau

Let us start helping you with a FREE initial consultation.

NOTE: Fields with a * indicate a required field.

One Stop For All Your Legal Needs

Whether you are going through a divorce, injured in an accident, need to file a workers' compensation claim, charged with a crime, immigrating to the United States, or need to file for bankruptcy, Mevorah & Giglio Law Offices can help. Our trial lawyers have over 40 years of experience helping clients throughout Northern Illinois from 3 offices in Lombard, Bloomindale, and Naperville.

Steven Mevorah has assembled experienced attorneys under one roof so that his clients need not search for a new attorney each time they need help. Mr. Mevorah has also established a wide network of additional attorneys so that his clients merely need to stop by Mevorah & Giglio Law Offices to find the attorney they need.

Client Focused Representation

Our practice is focused on meeting your needs with flexible hours and locations to serve you:

  • Free initial consultations
  • Saturday and evening appointments available
  • Home and hospital visits if your injuries prevent you from traveling
  • Multiple locations throughout Chicagoland
  • Veteran trial attorneys
  • Experienced negotiators
  • Payment plans available
  • Cash, check, or credit card accepted