When it comes to divorce in Texas, there can be many complications. The issue of health insurance can be particularly thorny if one spouse is covered under another’s policy. While some people may assume that their health insurance will carry on to the end of the year regardless of their marital status, this is generally not the case.
People should make sure they understand both state law and the policies of the company providing the insurance. There are a few circumstances in which couples might want to delay divorce or get a legal separation instead. For example, if the spouse who will lose coverage after the divorce has major surgery coming up or an ongoing medical condition, this might be the right choice.
It is not possible to force an ex-spouse to continue paying insurance premiums. Companies do offer extended coverage known as COBRA, but because the company does not subsidize any of the costs, it is prohibitively expensive for many people. Coverage through work or private plans may be cheaper than COBRA. Health coverage for children is not affected by divorce. If parents cannot reach an agreement, a judge will decide who is responsible for covering health insurance. Factors in reaching this decision include who has better access to insurance or who is more financially secure.
In a high-asset divorce, insurance is only one of a number of complex divorce matters that will need to be addressed. For example, the couple may have investments, including real estate and valuable collections, that must be divided. Since Texas is a community property state, if the couple does not have a prenuptial agreement, most assets acquired over the course of the marriage are considered shared assets. This may include the appreciation value of assets brought into the marriage. These assets are supposed to be divided equally under Texas law.