Legal separation can be a complex and emotional experience, but it's essential to consider its impact on your health insurance. In the United States, a legal separation can be a qualifying event for health insurance changes.
A qualifying event is a life change that allows you to make changes to your health insurance outside of the regular enrollment period. According to the Affordable Care Act, a legal separation can be considered a qualifying event.
However, this is only true if the separation is due to a "permanent split" as defined by the IRS. If the separation is temporary or reversible, it may not qualify as a qualifying event.
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Qualifying Event
A qualifying event is a life change that triggers a special enrollment period (SEP) for health insurance. This means you can enroll in a new plan or make changes to your current plan outside of the regular open enrollment period.
In most states, divorce, death, or legal separation doesn't trigger an SEP unless there's an associated loss of coverage. However, if you experience another qualifying life event, such as moving to a new location, you may be eligible for an SEP.
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Some qualifying events include:
- Loss of a dependent due to death, divorce, legal separation, or child support order
- Permanent move to a new location
- Losing access to an employer-sponsored plan due to divorce or the employee's death
Keep in mind that the optional SEP for death or divorce is only available to people who are already enrolled in the exchange.
Coverage Details
If you're going through a divorce or legal separation, your health insurance coverage will change. The effective date for your benefit coverage changes will be the first day of the month following the date of your divorce or legal separation.
You can only make certain changes to your NCFlex benefit plans due to divorce or legal separation from a spouse. Review the NCFlex table to see which changes are permitted under this circumstance.
Your coverage details will be affected by the divorce or legal separation, so it's essential to review your benefits and make any necessary changes.
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Frequently Asked Questions
Can I remove my spouse from my insurance if we are separated?
Separation does not automatically allow you to remove your spouse from your insurance. You can only remove your spouse after the divorce is final
Can I keep my ex wife on my health insurance after divorce?
Typically, no, you cannot keep your ex-spouse on your health insurance plan after divorce. Notify your employer immediately to update your coverage and avoid any potential issues.
Sources
- https://hr.ncsu.edu/benefits-and-wellness/life-events/divorce-and-legal-separation/
- https://oshr.nc.gov/state-employee-resources/benefits/qualifying-life-events
- https://benefitoptions.az.gov/retireeQLE
- https://sariehlawoffices.com/blog/can-you-remove-your-spouse-from-health-insurance-before-divorce/
- https://www.healthinsurance.org/special-enrollment-guide/divorce-death-or-legal-separation-sep-is-optional/
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