Divorce: Difficulties Couples Face with Equitable Distribution

Divorce is one of those strange beasts in modern society that no one ever expects to have to deal with or live through. No one gets married with the idea that it is a temporary situation – we all marry with the best intentions and the noblest of goals. This is why so many spouses are willing to make sacrifices for their partners – the spouse who works to put their partner through school, the spouse who agrees to move to an area they find uncomfortable, the spouse who give up a career – without hesitation or thought about how these decision may affect them post-divorce, because in their minds there can be no ‘post-divorce’ period.

This is often the root of a shock when divorce proceedings are initiated, because people always believe that their feelings and non-financial contributions to a marriage will count for much more than they do. The fact is, marriage is a contractual partnership in the eyes of the law. The law does not require proof of emotion or religious approval for a marriage – it is simply a legal arrangement between two adults, and its dissolution is treated as such in the courts. This means that emotions and more diffuse sacrifices may not be given much weight when the divorce proceedings begin.

This cuts both ways, of course. The courts will always use the lifestyle currently enjoyed by both spouses as a guideline, which means that a spouse who is solely responsible for the finances of the marriage may find themselves in the position of supporting their former partner. This is because the courts will attempt to maintain the lifestyle for both partners regardless of the relative financial contributions of each.

When contemplating divorce or if you suspect your spouse is contemplating divorce, the first and most essential preparatory step is to consult an attorney or qualified mediation expert. Whether you desire the divorce or not, you must prepare yourself for the possible scenarios you will face, whether you are the breadwinner and facing spousal support for years to come, or if you are financially dependent and facing the possibility of having your non-financial contributions downplayed. Both situations are difficult to accept and the solutions the court offers can frequently seem harsh or cold.

This is why preparation, both emotional and practical, is essential. If you are contemplating divorce or fear you will be involved in an unwanted divorce, it is important that you contact a mediation attorney immediately to begin investigating your rights and your options.

What Happens With Your Health Insurance After Divorce

Aside from being an incredibly emotionally stressful time in someone’s life, divorce is also incredibly complicated in terms of the legal and financial considerations it brings on. There are so many aspects to divorce to consider it is unsurprising that many are overlooked. One commonly overlooked facet to a divorce that involves a non-working spouse is the question of health coverage: If you were receiving health insurance benefits through your spouse’s employer-provided health coverage, you must act quickly if you are to continue those benefits in the short term during and after a divorce.

Under the Consolidated Omnibus Budget Reconciliation Act (COBRA), a qualifying event such as divorce which causes a loss of health coverage allows the qualified beneficiary – the non-working spouse – to maintain their coverage through the group plan. COBRA is a Federal law and only applies to businesses with more than 20 employees; for smaller businesses State law prevails, but this is usually very similar.

In order to maintain health benefits in the case of divorce, you must send notice of your divorce decree to the plan administrator or Human Resources department within 60 days. Once received, a notice will be sent to the beneficiary within 14 days. Under most state law they then have 30 days to secure their coverage based on the notice information, and under Federal law they have 60 days. It is absolutely crucial that claims be made within that time period. Failure to make this claim can be interpreted as waiving your right to coverage.

Once the claim is made and processed, most state and Federal law allow the beneficiary to keep their coverage for up to 3 years at a cost of 102% of the premium, with heavy cost increases if the coverage also involves children. COBRA and similar state programs are designed to ensure coverage, not to ensure economical coverage, and are usually utilized as short-term solutions. Few people maintain COBRA coverage for the full three-year period they are allowed to do so. Instead, COBRA is designed to maintain coverage while alternatives are explored and chosen.

Knowing all of your rights and options before, during and after a divorce is essential. Many people in a marriage leave certain duties to their spouse, such as balancing the checkbook, paying bills, or maintaining health insurance coverage and are at a loss when suddenly they must look out for themselves. Expert advice from an attorney with mediation experience is crucial in informing individuals of the resources and services available to them even as their legal partnership is dissolved.