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Don’t Let Divorce Leave You Without Health Insurance

Posted by Daesik Shin on 03/16/2026

Health Insurance Coverage After Divorce

If your spouse has been the breadwinner during the marriage, and you have had health insurance coverage through your spouse, you may be concerned about maintaining health insurance coverage after getting divorced. You may have several options available to maintain health insurance coverage after the entry of the divorce decree.

Health Insurance Coverage During Divorce Litigation

Generally, courts throughout Georgia will issue their Standing Order once a divorce lawsuit is initiated. One county's Standing Order may be different from the one issued in another county. However, Standing Orders generally contain a provision ordering both parties to maintain health insurance coverage in place at the time of the filing of the divorce lawsuit. For example, Fulton County Superior Court's Automatic Domestic Standing Order states, in relevant part, as follows: "Each party to a divorce … action is hereby enjoined and restrained from altering, suspending or terminating any insurance coverage in effect as of the date of the filing of this action, including, but not limited to, health insurance…." Also, Gwinnett County Superior Court's Mutual Restraining Order states, in relevant part, as follows: "Each party is hereby enjoined and restrained from cancelling or changing auto, health, or life insurance for the parties, or the parties' children, currently in place."

Therefore, if you have health insurance coverage through your spouse, your spouse must maintain the health insurance coverage during the divorce litigation.

Health Insurance Options


Generally, after the divorce is finalized, you will not be able to remain under the health insurance policy provided through your ex-spouse's employer. You may be able to maintain the same health insurance coverage under the Consolidated Omnibus Budget Reconciliation Act ("COBRA") for three years after the entry of the divorce decree. However, temporary health insurance coverage under COBRA may not be cheap, and you may be required to pay 102% of the premium out of pocket.

Divorce may be a triggering event to allow you to enroll in a new health insurance coverage through the Marketplace. That is, while enrollment in Marketplace health insurance policy is limited to the Open Enrollment period, divorce or legal separation with loss of health insurance coverage may be a triggering event for a Special Enrollment Period. See generally 45 C.F.R. § 155.420(d)(2)(ii)("Special enrollment period.") ("At the option of the Exchange, the enrollee loses a dependent or is no longer considered a dependent through divorce or legal separation as defined by State law in the State in which the divorce or legal separation occurs, or if the enrollee, or his or her dependent, dies.")(emphasis added). "Legal separation," as that term is used in 45 C.F.R. § 155.420(d)(2)(ii), refers to a situation where a decree of separate maintenance is entered. See, e.g., 26 C.F.R. § 1.7703-1 ("Determination of marital status.").

If you think that you will not be able to fund your own health insurance policy via the Marketplace after divorce or obtain a new one through employment, then perhaps you should consider requesting the court to order your spouse to fund your new health insurance coverage after divorce (for example, as alimony). If the court orders your spouse to fund your new health insurance coverage after divorce and your spouse fails to do so, then your spouse may be held in contempt of court and may be liable to you for any out-of-pocket costs you incurred due to your spouse's failure to fund your health insurance coverage after divorce. See, e.g., Blair v. Blair, 272 Ga. 94 (2000) (holding that the ex-husband became a self-insurer of the ex-wife during the period of time that the ex-husband failed to provide the ex-wife with health insurance coverage that was equivalent to the one she had prior to getting divorced and that the ex-husband was liable to the ex-wife for her medical expenses that would have been covered under the pre-divorce decree policy where the divorce decree ordered the ex-husband to maintain health insurance for the ex-wife equivalent to the coverage she previously had before divorce).

Due to the costs of healthcare, health insurance coverage may be an important issue in a divorce case. Consult with an experienced Georgia Divorce Lawyer if you have concerns about your ability to maintain health insurance coverage after divorce.

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Divorce Process
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