A Queens insurance and divorce attorney can tell you more about the types of insurance policies that may be affected by your decision to get divorced. It is important to realize that your life will be changed in big ways financially when the divorce is final. This is even true after you have initiated the petition for divorce. If you can’t put together your own separation agreement, you can rely on a lawyer.
A Queens insurance and divorce attorney will be able to tell you more about what to anticipate and how you need to account for the possible loss of an insurance policy in the rest of the equitable distribution of property. Your spouse is no longer required to carry health insurance on you unless it has been for some reason stipulated in the divorce agreement.
This is rarely outlined in the divorce orders. Any minor children may still be included on a spouse's health insurance policies since they would still be classified there regardless of the divorce. However, the loss of health insurance can represent a significant change in your life and therefore needs to be taken seriously. Other types of insurance may play a role in your divorce, including life insurance. For example, in some cases, the judges may choose to require that one party maintain a life insurance policy for the benefit of the other spouse either as a result of distribution of property or for retirement planning purposes or other benefits. It is important that you have a knowledgeable attorney who is comfortable with raising these issues.
An insurance and divorce lawyer in Queens will be able to advise you about how the various insurance issues are likely to be interpreted by the judge and how this can have an influence on your life. One of the biggest divorce issues has to do with the determination of a health insurance policy or life insurance policy.
Children typically do not lose health insurance in a divorce but a former spouse may have to figure out how to get health insurance coverage from their own employment. New York statutes cerate obligations for both parents to contribute to the cost of health insurance based on a pro-rated amount in the child support determination. If a non-custodial parent has been required to pay health insurance for a child, that individual is only required to pay insurance costs so long as they are also paying child support.
Choosing not to obtain health insurance can have significant ramifications for someone who has a medical condition. No health insurer is required to provide health insurance in New York for a divorced spouse, so one spouse is likely to lose health insurance when he or she divorces, if they were covered by the spouse's plan. In fact, New York law even requires that divorcing spouses acknowledge that they know that they are no longer entitled to receive health care coverage under a former spouse's health insurance plan.
Some other options available to a divorcing spouse could be COBRA benefits, an employer's benefits policy or an individual or family policy available on the open market. These various insurance issues can be very overwhelming and confusing for someone who has never encountered them before and should always be handled directly by an attorney who has been practicing in this field for many years. This is in fact the only way to verify that you have the protection that you need and to get the support provided by an experienced lawyer who cares about you and your family's future.