Can your soon-to-be ex-spouse cut off your health insurance?

On Behalf of | May 6, 2023 | Divorce |

If your marriage is heading toward a divorce, the relationship you have with your husband or wife probably is not as good as it once was. Your soon-to-be ex-spouse even might have threatened you. You should know, however, that some threats are empty ones.

If your spouse has health insurance through his or her employer, the plan might list you as a beneficiary. While the threat of losing your health insurance is certainly one you should take seriously, your spouse cannot cut off your health insurance while your divorce is pending.

Health insurance during divorce proceedings

New Jersey law prohibits one spouse from ending the other spouse’s health insurance coverage during divorce proceedings. Moreover, judges tend to issue temporary restraining orders automatically to maintain the couple’s insurance status quo. As a result, regardless of what your spouse might say or threaten, you should not lose your coverage while your divorce is ongoing.

Health insurance after your divorce becomes final

Your soon-to-be ex-spouse’s insurance policy can only cover beneficiaries. When you become an ex-spouse, you are no longer a beneficiary. Consequently, you must look for other health insurance options after your divorce becomes final. According to, these options might include coverage under the Consolidated Omnibudget Reconciliation Act or through the health care marketplace.

If you have an employer that offers health insurance to its employees, you also might want to look into joining your employer’s plan. Ultimately, though, it is advisable to begin planning for post-divorce health coverage as early in the divorce process as possible.