Understanding what can, and can’t, happen to your health insurance during divorce is important for accessing your healthcare. Divorce often brings about significant changes, including the management of health insurance coverage. If you currently have coverage under your ex-spouse’s health insurance plan, you may wonder whether they can cancel it during the divorce process.
Health Insurance and the Automatic Temporary Injunction
In Oklahoma, divorce filings typically trigger an automatic temporary injunction that prevents either party from making major financial or legal changes, including canceling health insurance. This protects both spouses during the divorce process, ensuring that neither goes without essential resources, such as health coverage, before the court finalizes the divorce.
The injunction prohibits canceling or altering existing health insurance policies as well as removing a spouse or children from coverage. If your spouse violates this injunction in any way, they may face legal consequences, including being held in contempt of court.
Steps to Take If Your Ex Cancels Your Coverage
If your spouse violates the automatic temporary injunction and cancels your health insurance during the divorce, you should act immediately.
- Notify Your Attorney: Inform your divorce attorney about the situation. They can take steps to enforce the injunction and seek remedies through the court.
- File a Motion for Contempt: The court can hold your ex-spouse in contempt for violating the injunction and may order them to reinstate your coverage or compensate you for any resulting expenses.
- Seek Immediate Coverage: To avoid gaps in healthcare, explore options for temporary coverage, such as COBRA, short-term plans, or insurance through the Affordable Care Act marketplace.
You should always address concerns about health insurance with your attorney to avoid miscommunication or potential violations of the injunction.
What Happens After the Divorce?
After finalizing the divorce decree, health insurance coverage typically changes. If your ex-spouse has insurance through their employer, they usually have to remove you from their policy after the divorce. Federal law prohibits maintaining coverage for an ex-spouse under employer-sponsored plans.
The Consolidated Omnibus Budget Reconciliation Act (COBRA) allows you to continue coverage under your ex-spouse’s employer-sponsored plan temporarily. However, you must pay the full premium cost, which can be significantly higher than shared coverage costs during the marriage.
You may need to secure your own health insurance policy after the divorce, either through your employer, the Affordable Care Act marketplace, or other private options.
Tulsa County Family Attorneys
During a divorce, Oklahoma law protects spouses from having their health insurance canceled through an automatic temporary injunction. However, after finalizing the divorce, you may need to secure alternative coverage. If your ex-spouse cancels your insurance, violating the injunction, you have legal options to restore coverage and hold them accountable. Our team here at Tulsa County Lawyers Group will guide you through the divorce process. If you need help, contact us today by calling (918) 379-4864 or reach us online for a consultation.
