How Do I Maintain Health Insurance After My Divorce Over Age 50?

 Posted on September 25, 2020 in Divorce

Getting divorced after the age of 50, often called a "gray divorce," can be especially difficult under any circumstances. However, if you have a health condition that requires regular care and treatment. You may be concerned about your ability to cover medical expenses without financial support from your spouse, especially if you relied on his or her health insurance coverage. Rest assured that there are options to ensure you continue receiving the care that you need, and your attorney can help you find one that works for you.

Options for Maintaining Health Insurance Coverage in Illinois

If you are employed after your divorce, you can likely obtain health insurance through your own employer. If you can afford it, an individual health insurance plan may also be an option. However, if neither of these is possible, there are several alternatives, including:

• Spousal continuation: The State of Illinois allows you to remain covered under your former spouse’s employer-provided health insurance plan, as long as you petition the employer for continuation within 30 days of your divorce judgment. This coverage can last for up to two years if you are under age 55, or until you are eligible for Medicare if you are over age 55, but keep in mind you would have to pay the entire premium.

• COBRA coverage: Federal law provides a similar option under the Consolidated Omnibus Budget Reconciliation Act (COBRA) if your former spouse works for a company with 20 or more employees. This option requires you to notify the employer within 60 days of your divorce and can last for up to 36 months.

• Medicare and Medicaid: If you are disabled or over the age of 65, you may qualify for insurance coverage through the federal Medicare program. If your income after the divorce is below a certain threshold, you may also be eligible for Medicaid assistance.

• Legal separation: If staying on your spouse’s health insurance plan is necessary, you may decide together to pursue a legal separation rather than a divorce, in which case you would remain legally married and eligible for coverage.

• Spousal support: Regardless of the option you choose, you may also address your healthcare needs specifically when negotiating or arguing for spousal support during the divorce process. This can provide you with the regular income you need to pay premiums and other expenses.

Contact a Kane County Gray Divorce Lawyer

At Goostree Law Group, we understand that divorce can totally upend your life, especially at an older age. We have significant experience serving clients who are divorcing after the age of 50, and we will help you address issues related to your health, finances, and more, so that you can move forward comfortably and confidently. Contact our skilled and dedicated St. Charles divorce over 50 attorneys today at 630-634-5050 to schedule a free consultation.

Sources:

https://ilga.gov/legislation/ilcs/documents/021500050K367.2.htm#:~:text=Within%2030%20days%20of%20the,or%20retirement%20of%20the%20employee. 

https://www.wife.org/lowenstein.htm 

https://www.hhs.gov/answers/medicare-and-medicaid/what-is-the-difference-between-medicare-medicaid/index.html