What happens to health insurance after divorce in Connecticut?

Navigating a divorce is one of life’s most challenging experiences, and worrying about your health insurance can add another layer of stress. If you're wondering what happens to your healthcare coverage, you're not alone. The short answer is: once your divorce is finalized, you are no longer eligible to remain on your ex-spouse's employer-sponsored health insurance plan. This isn't a Connecticut-specific rule, but a federal one.

Losing coverage can feel scary, but the good news is that you have options. The end of your marriage is considered a "qualifying life event," which opens a special window for you to enroll in a new plan. Furthermore, Connecticut law has specific protections in place for you and your children during the divorce process and ensures your children’s coverage continues after the divorce is final.

This guide will walk you through everything you need to know about health insurance after divorce in Connecticut. We'll cover the automatic court orders that protect you, your options for new coverage, and how to ensure your children’s healthcare needs are met, all based on Connecticut's specific laws and procedures.

Understanding the Legal Foundation in Connecticut

When a divorce begins in Connecticut, the court system immediately puts protections in place to maintain the status quo. These are called "automatic orders," and they apply to both spouses as soon as the divorce papers are served.

One of the most important of these orders directly addresses healthcare. According to the Connecticut Practice Book § 25-5, once a divorce is filed, "Neither party shall cause the other party or the minor children to be removed from any existing medical, hospital and dental insurance coverage..."

This means your spouse cannot legally drop you or your children from their health insurance plan while the divorce is pending. These orders are legally binding, and violating them can lead to being held in contempt of court. This protection gives you crucial time to plan for your new coverage without the fear of suddenly becoming uninsured. However, it's critical to remember that this protection ends the day your divorce is finalized by the court.

Health Insurance for Children After a Connecticut Divorce

While an ex-spouse loses coverage, children do not. Connecticut law is very clear that parents have an ongoing obligation to provide for their children's needs, including health insurance.

The court must address this directly in your divorce decree. Under Connecticut General Statutes (C.G.S.) § 46b-84(f)(2), the court "shall include in each support order a provision for the health care coverage of the child."

The judge has several ways to accomplish this, ensuring your children’s needs are met:

Employer-Sponsored Insurance: The most common outcome is for the court to order one or both parents to maintain coverage for the children through an employer's plan. The court will order this if the plan is available at a "reasonable cost." Connecticut law defines "reasonable cost" as not exceeding 7.5% of the parent's net income (C.G.S. § 46b-84(f)(2)(D)).
HUSKY Health: If private insurance isn't available at a reasonable cost, the court can order a parent to apply for coverage for the child under the HUSKY B program (Connecticut's Children's Health Insurance Program).
Cash Medical Support: The court can order a parent to pay "cash medical support." This is a monetary amount paid to the other parent to help cover the cost of premiums for the child's insurance (C.G.S. § 46b-84(f)(2)(E)).
Unreimbursed Expenses: The court order will also specify how parents will divide any out-of-pocket medical, dental, and other healthcare costs that insurance doesn't cover. This is typically split according to the percentages in the Connecticut Child Support Guidelines.

To enforce these orders, the court often uses a National Medical Support Notice (NMSN), an official document sent to the parent's employer directing them to enroll the child in the health plan (C.G.S. § 46b-88).

Your Options for New Health Insurance After Divorce in Connecticut

Once the divorce is final, you will need to secure your own health insurance. Because losing coverage due to divorce is a "qualifying life event," you get a Special Enrollment Period to sign up for a new plan outside of the standard open enrollment window. This period is typically 60 days from the date your coverage ends. Here are your primary options in Connecticut.

1. COBRA Continuation Coverage

COBRA (Consolidated Omnibus Budget Reconciliation Act) is a federal law that allows you to temporarily continue the exact same health insurance coverage you had through your ex-spouse's employer.

Pros: You keep your same plan, same doctors, and same network. There is no need to meet a new deductible.
Cons: The cost. You are responsible for paying the entire premium yourself, plus a 2% administrative fee. This is often prohibitively expensive.
Duration: Coverage typically lasts for up to 36 months for a former spouse.
Action Step: You have 60 days from the date of your divorce or the date you receive the COBRA notice (whichever is later) to elect coverage.

2. Your Own Employer's Health Plan

If you are employed and your company offers health insurance, this is often your best and most affordable option. Your divorce triggers a Special Enrollment Period, allowing you to enroll in your employer's plan without waiting for the annual open enrollment. You typically have 30 days from the divorce date to sign up.

3. Access Health CT (Connecticut's Insurance Marketplace)

Access Health CT is Connecticut's official health insurance marketplace, created under the Affordable Care Act (ACA). This is an excellent alternative to COBRA for many people.

Pros: You can compare plans from various insurers. Most importantly, you may be eligible for federal subsidies (premium tax credits) based on your new individual income, which can significantly lower your monthly premiums.
How it Works: Your divorce gives you a 60-day Special Enrollment Period to shop for and enroll in a plan through Access Health CT.
Action Step: Visit the Access Health CT website to see if you qualify for financial help and to compare plans.

4. HUSKY Health (Medicaid/CHIP)

After a divorce, your household income may be significantly lower. If so, you and your children might become eligible for HUSKY Health, which is Connecticut's name for its Medicaid and Children's Health Insurance Programs. HUSKY provides free or low-cost health coverage to eligible residents. Eligibility is based on income and household size.

Important Considerations and Practical Advice

Planning for health insurance after divorce in Connecticut requires careful timing and negotiation. Here are some key things to keep in mind:

Timing is Critical: Do not miss your Special Enrollment Period deadlines. Whether it's 30 days for an employer plan or 60 days for COBRA or Access Health CT, these windows are strict. Missing them could leave you uninsured until the next open enrollment period.
Negotiate Coverage Costs in Your Divorce: While a judge cannot force your ex-spouse to keep you on their plan after the divorce, they can order your ex-spouse to help you pay for your new plan. This can be structured as part of an alimony award. For example, your divorce agreement could state that your ex-spouse will pay your COBRA premiums for a set period. This is a vital point to discuss with your attorney, as the court considers the "needs of each of the parties" when awarding alimony (C.G.S. § 46b-82).
Legal Separation vs. Divorce: In a legal separation, you remain legally married. Because of this, some insurance plans may allow you to stay on your spouse's policy. However, you must verify this with the plan administrator directly, as some treat a legal separation the same as a divorce for eligibility purposes. A decree of legal separation means "neither party shall be free to marry" again until the separation is converted to a divorce (C.G.S. § 46b-67(c)).

Frequently Asked Questions about Health Insurance and Divorce in CT

Can my spouse just drop me from their health insurance during our Connecticut divorce?

No. Thanks to Connecticut's automatic court orders (Practice Book § 25-5), neither spouse is allowed to remove the other or the children from existing medical, dental, or hospital insurance while the divorce is pending. This protection ends when the divorce is finalized.

How long do I have to get new health insurance after my divorce is final?

You generally have a 60-day Special Enrollment Period from the date your coverage ends to enroll in a new plan through COBRA or Access Health CT. If you are enrolling in a plan through your own employer, the window is often shorter, typically 30 days. Act quickly to avoid a gap in coverage.

Is COBRA my only option for health insurance after divorce in Connecticut?

Absolutely not. While COBRA is an option, it's often the most expensive. You should always compare the cost of COBRA with plans available through your own employer and on the Access Health CT marketplace. Many people find that a plan from Access Health CT is much more affordable, especially with potential subsidies.

Can the judge order my ex to pay for my health insurance after the divorce?

A judge cannot order your ex-spouse's employer to keep you on the plan. However, a judge can order your ex-spouse to contribute to the cost of your new insurance premium (like COBRA or an ACA plan) as part of an alimony award. This is a common point of negotiation in a Connecticut divorce settlement.

What happens to our children's health insurance?

Your children's health insurance is protected. A Connecticut judge is required by law (C.G.S. § 46b-84) to issue an order for their health coverage as part of the divorce. This usually involves one parent covering them on an employer's plan, and both parents sharing the out-of-pocket costs.

What is HUSKY Health and could I qualify after my divorce?

HUSKY Health is Connecticut's public health coverage program (Medicaid/CHIP). Eligibility is based on income. Since your financial situation may change significantly after a divorce, you might qualify for low-cost or free coverage through HUSKY even if you didn't before. It's always worth checking your eligibility.

What's the difference for health insurance in a legal separation versus a divorce?

In a legal separation, you are still legally married, so some insurance plans may permit you to remain on your spouse's policy. In a divorce, your marriage is terminated, and so is your eligibility for your ex-spouse's plan. You must confirm your specific plan's rules regarding legal separation.

What is a National Medical Support Notice (NMSN)?

An NMSN is a standardized legal form sent from the state's child support agency to a parent's employer. It enforces a court order requiring that parent to enroll their child in the company's health plan. It is a key enforcement tool used in Connecticut under C.G.S. § 46b-88.

Getting Help and Taking the Next Step

Losing your health insurance is a major life change, but you don't have to figure it out alone.

Consult a Connecticut Divorce Attorney: An experienced attorney can help you negotiate the cost of your future health insurance premiums as part of your overall settlement.
Talk to an Insurance Professional: An independent insurance broker or a certified assister from Access Health CT can help you compare plans and find the most affordable option for your new circumstances.
Contact Human Resources: Reach out to your own HR department to understand your options and enrollment deadlines. Contact your ex-spouse's HR department for information on electing COBRA.

Conclusion

The most important takeaway is to be proactive. While Connecticut's laws protect your insurance coverage during the divorce process, that protection is temporary. By understanding your options—from COBRA to Access Health CT to your own employer's plan—you can create a smooth transition and ensure you and your family have the healthcare coverage you need. Start researching your options early, discuss them with your attorney, and don't be afraid to ask for help. With a solid plan, you can confidently manage this aspect of your new beginning.