Most people are aware that when a couple gets a divorce, they will need to reach a resolution on important issues including the division of marital property and the allocation of parental responsibilities. However, there are many other implications of the divorce process that may not be immediately apparent. One such issue is continued health insurance coverage for a spouse or child.
This issue is of particular relevance now, when many families are struggling with health problems related to COVID-19, or the risk of contracting the coronavirus. If you are concerned about losing access to affordable health care at a time when you need it most, you may have even decided to delay your divorce or pursue a legal separation while remaining legally married. However, it is important to know that if you decide to move forward with your divorce, there are options for maintaining coverage.
The Illinois Spousal Continuation Law
Under Illinois law, if you were covered under your spouse’s employer-sponsored health insurance plan during your marriage, you have the option to continue that coverage after your divorce. In order to do so, you must notify your spouse’s employer within 30 days of the divorce judgment, and once continued coverage is granted, you will also need to pay the full premium throughout the time you remain covered. If you are below the age of 55 at the time of the divorce, continued coverage can extend for a maximum of two years, whereas if you are retired or over the age of 55, coverage can continue up until the point at which you are eligible for Medicare....