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Insurance In A Divorce Action

On Behalf of | Mar 1, 2016 | Divorce & Family

After a divorce is final, it is likely you will no longer be covered by your spouse’s medical insurance policy. Therefore, prior to the divorce becoming final you should examine the medical policy for conversion privileges or inquire into obtaining new medical insurance coverage.

As part of the parents’ support obligation, the court may require one or both parents to provide medical insurance coverage for dependent children. A spouse can also sometimes be required by the court either to allow their former spouse access to COBRA health insurance or even to pay the cost of that medical insurance COBRA coverage. COBRA provides certain former spouses and dependent children the right to temporary continuation of health coverage at group rates.  This coverage, however, is only available when coverage is lost due to certain specific events, like divorce.  Group health coverage for COBRA participants is usually more expensive than health coverage for active employees, since usually the employer pays a part of the premium for active employees while COBRA participants generally pay the entire premium themselves.  Before deciding to pursue to COBRA coverage, you should also get quotes for coverage on the Affordable Healthcare exchanges.

The divorce order may also require that life insurance on one or both parents be maintained, with the child as beneficiary, until the child support obligation has terminated. This assures support for the child should a parent die.

During and after the divorce, you should ensure that liability insurance is maintained on all vehicles.


Kevin P. Rauseo is a former director at Hamblett & Kerrigan P.A. and has since been appointed as a Justice for the New Hampshire Circuit Court.  Please feel free to contact another attorney at Hamblett & Kerrigan to discuss your legal issues.