Paying for a Child’s Health Insurance After a Rhode Island Divorce

Many parents are concerned about how filing for divorce will affect their health insurance coverage. Divorcing parents have several options when it comes to maintaining health insurance for minor children, and each one has the potential to impact child support payments and assets received in the final property settlement agreement.

How to Ensure a Child Has Health Insurance Coverage After a Divorce

Most judges presiding over divorce cases will require dependent children to carry health insurance under a parent’s plan. If neither parent has health insurance, the child may be covered under the Medicare Children's Health Insurance Program. Ex-spouses are usually given equal responsibility for a child’s medical costs regardless of custody arrangements, so the parent who provides medical benefits may be owed more in child support as a result of paying for healthcare costs.

When deciding whose plan should list the children as dependents, divorcing couples should consider:

The custodial parent’s policy.

If the child lives with the parent who provides health insurance through an employer, the non-custodial parent may be required to pay more in the form of child support payments to make up the difference.

A non-custodial parent’s policy.

If the child is covered under a non-custodial parent’s policy, the amount of child support paid to the custodial parent may be reduced unless the custodial parent also pays certain medical expenses (such as co-pays, prescription costs, and other out-of-pocket costs).

A new plan.

Spouses may opt to secure coverage for themselves and their dependent children through the Affordable Care Act or by opting-in to an employer-sponsored health insurance plan they had previously not taken advantage of. Divorce is considered a life-changing event, meaning an ex-spouse does not have to wait for an open enrollment period to obtain a new policy.

Child support concerns.

Health insurance is considered a form of child support. As a result, the parent who pays for insurance and medical expenses will be entitled to reimbursement by the other parent. Spouses may consider creative options such as splitting two or more children between parent plans, setting up a rotation for paying premiums, or relinquishing certain assets as payment toward a minor child’s medical bills.

Do You Need To Speak To A Rhode Island Divorce Attorney?

If you are considering a divorce you need to speak with an experienced Rhode Island divorce attorney as soon as possible. Please contact us online or call our Warwick office directly at 401.946.3200 to schedule your free consultation. We help divorce clients in Providence, Warwick and all areas of Rhode Island.

Related links:

Christopher L. Russo

Christopher L. Russo [email protected]

Helping Rhode Island personal injury victims for nearly three decades to get the compensation they deserve.

Join The Conversation

Post A Comment

Request a Consultation Today

We have the experience and skills in personal injury, workers’ compensation, family law, and business law that you need. Please complete the form below and we will contact you shortly.

Name *

Phone *

Email *

Tell Us More

Contact Opt In

Disclaimer: I am using this form to contact Kirshenbaum & Kirshenbaum regarding a potential legal matter. By providing my phone number to Kirshenbaum & Kirshenbaum, I agree and acknowledge that Kirshenbaum & Kirshenbaum may send text messages to my wireless phone number for the purpose of discussing this legal matter. Message and data rates may apply. Kirshenbaum & Kirshenbaum will only send the necessary amount of SMS text messages in reply to your submission. We will not send numerous/unrelated messages to you, and you will be able to opt-out at any time by replying “STOP”. Privacy Policy: No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties. *

Testimonial

Offices

Warwick Office

117 Metro Center Blvd. Suite 1003
Warwick, RI 02886
Phone: 401-946-3200
Toll Free: 888-591-9976
Location Details
Directions