Many questions arise over what insurance a spouse is entitled to receive or is obligated to provide once a divorce is filed.

ORS 107.092 directs the clerk of the court to furnish a notice prepared by the Oregon Department of Consumer and Business Services. This notice shall be furnished to both parties. The notice describes what health insurance is available for a divorced spouse or a separate spouse 55 years or older.

For INDIVIDUAL coverage, the notice directs individuals to www.Healthcare.gov. A divorce is a “Qualifying Life Event” which permits someone to enroll in insurance coverage outside the enrollment period. Healthcare.gov offers health insurance plans with federal subsidies under the Affordable Care Act.

The notice provided by the Department of Consumer and Business Services also covers terminated GROUP health insurance post-divorce. A divorced spouse may have rights to continue coverage under either federal or state law.

Federal law applies to individuals 55 or older and employers with more than 20 employees. Federal law allows a divorced spouse to continue coverage (at their expense) until the spouse obtains other group coverage or becomes eligible for Medicare.

State law applies to divorced spouses not eligible for federal law. A divorced spouse may continue coverage for up to nine months from the date of the dissolution if they were on the group plan for three months or longer. The divorce spouse will need to pay the premiums (which are usually expensive).

Both state and federal laws have specific time deadlines for applying for benefits. If you are considering continuing your health insurance under your former spouse’s group coverage, you need to contact former spouses’ employers HR department and confirm the requirements, deadlines and costs. You should do this well before the Judgment is submitted to the court for signature or before trial.

What about the time period between when the divorce is filed and the divorce is finalized? Can the spouse who provides the insurance coverage terminate the other spouse? Oregon law specifically prohibits this conduct.

Oregon law specifically prohibits changing or cancelling or failing to pay premiums for health insurance, homeowner or automobile insurance. ORS 107.093 applies to both the Petitioner and the Respondent. The sanctions for violating this section include: fines, confinement, an amount not to exceed $500/day for the violation. (ORS 33.105)

After the divorce, it is the responsibility of each spouse to provide his or her own insurance. If a spouse has high health insurance premiums, often times, where appropriate, a divorce court will award spousal support in an amount to cover the premiums. The court does not have the authority to order a party to pay a third party, except for marital debt. The spousal support award under this circumstance covers the health insurance premium but paid by the covered individual.