Recently there has been a lot of press here in California about the intricacies of the laws and policies around divorce and health insurance. It all started when the ex-spouse of a city employee in Belmont decided to sue the town for not informing him he had the option to stay on his ex-wife’s health insurance plan. Instead this man signed up for COBRA insurance and ended up paying $524 a month for his coverage, which cost him over $18,000 in the long run. He is hoping to recuperate the difference in cost between the two plans and likely will win. Someone won a similar case just two years ago.

So what does that mean for you? Well it depends on the policy that your ex-spouse has. The first thing to do – ASK. Call the health insurance company or Human Assets department of your ex-spouse’s company and ask if there is an option in the insurance policy to cover spouses after divorce. This isn’t common, but some companies do offer such plans. And if the company does offer it, immediately find out how much it costs. Some companies will continue to subsidize the cost, but some will not. If they will not then you will pay basically the same as you would for COBRA and perhaps more than for a private plan.

Another rising trend among people getting divorced but concerned about health insurance is actually to stay married or only legally separate depending on the state they live in. For people with expensive medical needs or preexisting conditions, health insurance can be a major concern during divorce. So more and more people are staying married in amicable separations so that one spouse can continue to receive the medical care they need. While this normally begins as a temporary situation, many couples report that they continue like this for years to avoid astronomical medical and insurance bills, as well as maintain the exact same level of care and treatment.