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Divorce can disrupt many aspects of life, possibly including your health insurance coverage. Individuals who rely on their spouse's private or employer-sponsored health insurance must take proactive steps to maintain coverage so that they do not face the prospect of calamitous costs in a medical emergency.In an Indiana divorce, the court may issue a temporary restraining order (TRO) that prohibits either spouse from canceling health insurance coverage during course of the proceeding. This ensures that a dependent spouse retains access to essential healthcare services until the divorce is finalized. Violating a TRO may result in legal consequences, such as being held in contempt of court. If you are a beneficiary on your spouse’s policy, you should monitor the status of the coverage and notify the court if there is any unauthorized termination.Once the divorce is finalized, you will usually lose eligibility under you’re your spouse’s employer-sponsored health insurance plan. While the divorce is pending, you should begin planning to obtain your own coverage. These are the main options:

1. COBRA coverage — If your spouse’s employer has 20 or more employees, you are entitled to continue as a beneficiary of his or her health insurance plan under the federal Consolidated Omnibus Budget Reconciliation Act (COBRA). You can remain on the employer’s plan for up to 36 months, provided you pay the full premium (including the employer’s former contribution) plus a 2 percent administrative fee. This avoids an immediate gap in coverage and, although expensive, can still be less costly than paying for an individual plan.
2. State continuation coverage — Indiana employers with fewer than 20 workers, though not subject to COBRA, may offer coverage under state law. This option, though generally shorter in duration, can provide temporary relief for individuals transitioning to other plans.
3. Marketplace plans — Health insurance marketplaces established under the Affordable Care Act (ACA) are another option. Divorce qualifies as a "life event," triggering a special enrollment period outside the normal window. Subsidies may be available depending on income, making marketplace plans an affordable alternative for many.
4. Employer-sponsored coverage — If you are employed and there is employer-sponsored health insurance available, you may enroll during a special enrollment period triggered by the divorce.
5. Medicaid or other assistance programs — If your income significantly decreases post-divorce, Medicaid or other state assistance programs may be an option for affordable coverage.

Your Indiana divorce attorney can help you avoid interruptions in coverage. Your attorney may negotiate a divorce settlement that calls for your spouse to provide you a lump sum or continued assistance in paying for health insurance. This is often done when there are children of the marriage, since they will also require health coverage. The attorneys at Shilts & Setlak, LLC assist spouses in all aspects of divorce matters in Fort Wayne and surrounding areas of Indiana. Call us at 260-475-3106 or contact us online for a consultation.