The climate in Washington and uncertainty of where healthcare will end up has some couples rethinking their divorces. They are deciding to stay together to keep their current health insurance. This does not mean they are salvaging their marriage or there is any hope for a reconciliation. It simply means they are working on postnuptial agreements that outline how the finances and benefits will be distributed pending an official divorce. Other couples have chosen to finalize divorce documents but not sending them in until they know what will happen to healthcare. Previously couples could obtain a legal separation and be able to keep benefits for up to three years. However, companies no longer allow the legally separated partner to stay on employer plans. This leaves spouses with few options and this is the solution that many have come to.
Women, especially suffered the most from a divorce prior to the Affordable Care Act. They would quickly be kicked off of healthcare plans their spouses had at work and would be unable to find an affordable plan. Under Obamacare, insurers were required to provide health care plans to anyone with a pre-existing condition. By no means is the current healthcare act fool proof but it has allowed more independence when getting a divorce. Now that it is being threatened, couples are reconsidering their options.
Divorces are caused by many things and couples who still care for their partner’s well being will separate but help as much as possible to help them keep their benefits. This is a difficult situation for both spouses to be in. They want to move on with their lives and start anew but are tied together legally. When they start dating again and get into a new relationship, it can even put a strain on the new relationship because the partner might not be as understanding. This can also cause a complication for the divorcing partners as there can be an added pressure to get a divorce faster. This can foil the plan of staying together or holding the divorce for the sake of health insurance. Couples can only hope that Washington finds a health care solution or leave the Affordable Care Act in place.
Although this is a new situation for all parties involved and the best way to ensure you are following the law and protecting yourself is to consult with a Sandy divorce attorney. They can guide you on the best option for both of you to keep your benefits and be able to move on with your life successfully. Divorce is hard as it is but now to add the additional issue of potentially losing health insurance makes it that much harder. Contact Emy A. Cordano, Attorney at Law for a consultation to discuss your case.