May 28, 2020

How Will The Divorce Affect My Insurance?

In a time when the cost of healthcare is far more than most people can cover out-of-pocket, the question of insurance and divorce in California is worth some investigation. Since California is a no-fault state when it comes to divorce, you can’t assume that the courts will or will not force one party to continue to provide insurance for the other, even if one party is to blame for ending the marriage. In many cases, this is one of the most significant reasons that California couples begin the process of divorce with a legal separation and multiple consults with a divorce lawyer to settle these matters before they go to court.

Spousal Support and Divorce

Even though California is considered a no-fault divorce state, the state still recognizes the burden that a sudden loss of a sole source of income can become to an individual who, while married, has not had an income or has only had a limited source of cash. In such cases, the party that was the main source of income in the marriage may be required to pay spousal support. Insurance may be a part of this support either in the form of retaining insurance for a set amount of time or paying cash in lieu of the cost of insurance coverage.

Taxes and Insurance

In cases where child custody is awarded to the individual with limited income or without an income at all, it might be for the noncustodial parent to continue to provide insurance for the ex-spouse as well as the children. The court will most likely order the noncustodial parent to continue to provide insurance for the children, but in some cases, a family plan might include the ex-spouse as well as the children, for no additional cost to the ex-spouse. While initially, it may seem like an additional expense or payment you have to make, paying for insurance can result in its own benefits, extending even further than just maintaining good health. In cases like these, it’s worth asking attorney Laurence J. Brock about the potential tax credits or benefits that the noncustodial parent might take advantage of in return.

Insurance Depending on Your Circumstances

Navigating a divorce is never easy. When it comes to insurance and divorce, it’s important to act logically and make sure that all parties are covered for the sake of everyone involved. In fact, in cases where the marriage lasted more than 10 years, there may be no end to insurance coverage as part of the spousal support decree. Whether insurance is a factor in your divorce, however, is dependent on your own unique situation.

If you or a loved one is facing a divorce that may or may not involve a change in insurance, it’s best to be safe and consult with a divorce lawyer with decades of experience in the field. Don’t make a mistake that can cost you and affect your health, in the long run, contact Laurence J. Brock online or call (909) 466-7661 for a free initial consultation.

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