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Common insurance concerns before filing for divorce

The key to a successful divorce is planning. Getting organized and setting things in motion can be easier said than done, especially in the midst of the holidays, which will be here before we know it. It is understandable that the sadness and anxiety that comes with knowing that a relationship is over can be overwhelming. Add that to the unanswered questions of child custody, financial support and property division, and it is no wonder that potential divorcees have a hard time in November and December.

As with the old adage "knowledge is power", answering questions can also be a source of comfort. As such, the following nuggets of information about insurance coverage can be helpful.

Insurance through employers - Losing coverage can be a source of significant anxiety, but don't despair. If you are currently covered under your spouse's policy, you may seek a temporary order that maintains the status quo and keeps you on such a policy, or the court may order such on its own volition. You may also negotiate an agreement where you will stay on his or her policy for a certain amount of time. Otherwise, you can be eligible for COBRA coverage. This can last up to 36 months from the time of the divorce.

Medical coverage for children - Parents are required by law to continue existing coverage for their children, especially during divorce. You may have disagreements over who will carry the kids under their respective policy after the split, but you can be assured that they will have coverage. The issue of unreimbursed expenses (i.e. costs not covered under the policy), is usually resolved with parents splitting such costs.

While these are two major insurance concerns, divorcees should also have questions about how a divorce may affect the following policies:

  • Auto insurance
  • Life insurance
  • Homeowners insurance
  • Business insurance

If you have questions about the legal (and practical) effects of such changes, an experienced family law attorney can help. 

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