All states in the U.S. maintain statutes governing the potential obligation of a parent to maintain health insurance during and following divorce proceedings, according to the American Bar Association Section of Family Law. These laws set forth the basic requirements associated with maintaining health coverage as well as the limitations placed on courts in regard to issuing orders regarding this issue.
Function
The function of divorce laws regarding health insurance is to ensure that a child maintains appropriate coverage following divorce proceedings, according to "Nolo's Essential Guide to Divorce" by Emily Doskow. The objective is to ensure that a child's health and welfare appropriately is protected despite the marital situation of her parents.
Misconceptions
The most common misconception associated with divorce laws and health insurance is that a court legally can order one spouse to keep the other on a health insurance policy. Although offspring can be maintained on a parent's health insurance policy despite a divorce, once a divorce decree issues, one spouse cannot maintain the other on a family health insurance policy. Insurance laws of all states prohibit maintaining one spouse on the other spouse's family health insurance policy. The prohibition arises from the legal fact that the parties, once divorce, no longer remain part of the same family, according to DivorceSource.com.
Time Frame
Divorce laws in most states permit a court to require a parent to maintain a child on a health insurance policy for as long as the law potentially requires a parent to pay child support in that state. In other words, if the law obliges child support payments until a child reaches the age of 18 or graduates from high school, the health insurance requirement can extend through that same time frame.
Child Support Obligation
The requirement to maintain health insurance to benefit a minor child can impact a child support obligation. For example, if the custodial parent is the one who maintains a family health insurance policy, the non-custodial parent can be required to pay more in child support to offset a portion of the premium cost. Conversely, if the parent with the child support obligation maintains the family health insurance policy, she may obtain a reduction in her recurring child support obligation to assist in offsetting what she pays for premiums.
Failure to Maintain Health Insurance
The failure of a parent to comply with a court order to maintain health insurance on a minor child is a serious matter, according to the American Bar Association Section of Family Law. At a minimum a court can find such a non-compliant parent in contempt of court and order the parent to immediately obtain coverage. Depending on the status of the parent in relationship to the child, a court can change custody or suspend visitation.
References
- American Bar Association: Section of Family Law
- DivorceSource: Health Insurance and Divorce
- "Nolo's Essential Guide to Divorce"; Emily Doskow; 2008
