Divorce Law & Health Insurance in Oregon

By Elizabeth Rayne

If you are on your spouse's health insurance plan, your insurance coverage will automatically end when your divorce is finalized in Oregon. However, the state's laws provide several exceptions. If you pay your own premiums, you may be able to stay on the insurance plan. Additionally, the court or a settlement agreement may require a spouse to continue to provide health insurance.

If you are on your spouse's health insurance plan, your insurance coverage will automatically end when your divorce is finalized in Oregon. However, the state's laws provide several exceptions. If you pay your own premiums, you may be able to stay on the insurance plan. Additionally, the court or a settlement agreement may require a spouse to continue to provide health insurance.

Group Health Insurance

If you receive group health insurance through your spouse, your insurance coverage may end as soon as the divorce is finalized. However, state law has a few exceptions. If federal law does not provide that insurance will continue for you, Oregon law provides that you can stay on the group plan for up to nine months following divorce. Additionally, if you are over 55 years old, you may stay on your spouse's health insurance until you are covered under a different plan or become eligible for Medicare. This option is only available if the insurance is provided by an employer who has 20 or more employees. In either case, you must submit a written request to the health insurance provider to stay on the plan.

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COBRA

In addition to state law, the federal Consolidated Omnibus Budget Reconciliation Act, or COBRA, may allow you to stay on your spouse's health insurance. You will only qualify under COBRA if your spouse's employer has 20 or more employees and you notify the plan administrator within 60 days of getting the divorce. You may continue to receive health insurance for up to 36 months. However, you will be responsible for paying the insurance premiums, which otherwise would have been paid by the employer.

Portability Health Insurance

Another option is to request health insurance portability under Oregon law, which you may use after you have exhausted COBRA or other state coverage. In order to qualify, you must be an Oregon resident and ineligible for Medicare. Further, you must submit an application to the insurance provider within 63 days after your insurance expires. Like the COBRA option, you will be responsible for paying your own insurance premiums.

Settlement Agreements

Apart from the state and federal laws concerning health insurance, one spouse may continue to pay for the other spouse's health insurance pursuant to either a settlement agreement or a divorce decree from the court. A spouse may be required to pay all or part of insurance costs, or the spouse may pay for insurance only until the other spouse finds employment that provides insurance. Additionally, courts in Oregon may consider health insurance costs when determining how much to award in spousal support.

Children

If you and your spouse have children, the court will determine which parent will be responsible for paying for health insurance. Courts incorporate health insurance costs into the child support order, so long as it is reasonably available and affordable. If private health insurance is not available, the court may order parents to apply for public health insurance, such as the Oregon Health Plan, to ensure the child has insurance.

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Ohio Health Insurance to a Spouse Post-Divorce

References

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Connecticut Law on Medical Coverage After a Divorce

In Connecticut, medical coverage ends for a spouse who is covered under the other spouse’s plan once the divorce is final. State laws vary concerning medical insurance for an ex-spouse after divorce. However, Connecticut law does not require insurance companies to continue health insurance eligibility for ex-spouses after a divorce from a covered spouse.

New York State Health Insurance Rules When Getting a Divorce

New York does not require health insurers to provide health insurance for divorced spouses, so one spouse may lose health insurance when she divorces if she was covered by her husband’s plan. New York law even requires divorcing spouses to acknowledge they are aware they will no longer be allowed to receive health care coverage under a former spouse’s insurance plan once the divorce is final.

When You Get Divorced How Long Does Your Insurance Coverage Last?

How long your insurance coverage lasts after divorce depends on the kind of insurance your ex-spouse has. If your ex-spouse works for a large employer, federal law permits you to keep your insurance for up to 36 months. If your ex-spouse works for a small employer, state law could allow you to keep your insurance, but the length of time you may keep it varies depending on the law of the state where the employer is located. However, you might fare better by buying your own insurance upon divorce because you could save money and obtain better coverage than under your ex-spouse's insurance.

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