12 nov. Legal Separation in Ct Health Insurance
First, the basics. Let`s talk about the difference between what people often call separation and legal separation. It is not uncommon for a couple to live apart for a period of time before filing for divorce. Most of them use this trial separation as a respite to decide what they really want to do with the relationship. This is not the same as legal separation. Just as there is no “common-law marriage” in Connecticut, there is no “common law separation.” No matter how long you and your spouse live apart, you are not legally separated unless you go through the formal court process. HUSKY is Connecticut`s income-based health insurance program. There are four HUSKY programs: HUSKY A, HUSKY B, HUSKY C and HUSKY D. Connecticut children, their parents or a related caregiver, and pregnant women may be eligible for HUSKY A (also known as Medicaid), depending on family income. Uninsured children under the age of 19 in high-income households may be eligible for HUSKY B (also known as the Children`s Health Insurance Program). Depending on the level of income, the contribution to family expenses applies. Connecticut residents 65 years of age and older, ages 18 to 65, and blind or otherwise disabled may be eligible for Medicaid coverage under HUSKY C.
Below are the questions we see most often about legal separation. If you have any questions about whether legal separation is right for you, contact our office today at (860) 986-1141 for a free consultation. Divorce usually does not result in the loss of the right to health insurance for a couple`s children, as they may be covered by the collective coverage of one of the parents, as before. Under a divorce or child support order, a Connecticut court determines who is responsible for paying for children`s health insurance and maintaining coverage. If the parent who purchased health insurance loses their job, the prescription can be adjusted to make another arrangement. The Affordable Care Act, often known as “Obamacare,” was a big step forward for divorced couples. Under the law, a person could be punished for pre-existing conditions in terms of medical care. If a person had a pre-existing condition, such as cancer, high blood pressure, or diabetes, a health insurer could deny coverage. This has made it impossible for many people seeking a divorce to end their marriage.
For example, if a person had a pre-existing condition and the person was not employed or their employer did not provide health insurance, their only option was COBRA insurance. However, COBRA has a three-year limit in Connecticut and is often prohibitive. If a person in this situation were 55 years old, three years of COBRA coverage would only make 58 years. So what? Medicare coverage does not begin until age 65. If the person had a low enough income to qualify for HUSKY, that was an option. In most cases, however, there is an element of family support that usually pushes a divorced spouse to overcome barriers to HUSKY qualification. Because of this, some people have stayed married just to maintain their health insurance coverage. Generally, life insurance policies are not assets divisible by a Connecticut court. However, the present value of a whole life insurance policy is an asset that can be divided in a divorce case. Typically, the spouse who owns the entire life insurance policy keeps the policy and the other spouse receives an asset equal to half of his or her share of the cash value. No.
First, health insurance regulations do not allow for an insured beneficiary to be withdrawn from a policy except during certain periods, but Connecticut family law also prohibits withdrawal while a divorce trial is pending. This is a violation of orders that come into effect at the beginning of the divorce proceedings and may result in penalties and court-ordered appeals. Under Section 46b-82 of the General Laws of Connecticut, life insurance may be ordered by a court in a divorce case as security for a party`s support obligations. Life insurance is also often used as collateral for a party`s alimony or collegial obligations. In more complex cases, life insurance may be put in place as collateral for certain asset sharing orders in the event that one party dies before distributing property to the other party. Most health insurance companies treat a judgment of legal separation in the same way as a judgment of dissolution of marriage. This means that if you have applied for legal separation, you will no longer be dependent on your spouse or partner for health insurance purposes. However, if your spouse or partner has a government plan and you are subject to a legal separation judgment, you may still be able to rely on your health insurance. It is imperative to confirm this directly with the plan. Divorced spouses have the option to choose COBRA coverage for up to three years from the date of divorce. COBRA coverage is a continuation of the health insurance that the spouse had during the marriage.
“COBRA” is an acronym for the Consolidated Omnibus Budget Reconciliation Act of 1985. This law gives employees and their qualified dependents the right to continue to purchase employer-sponsored health insurance for different periods of time if the insurance ends due to termination of employment, reduced hours of work, or changes in the immediate family, such as divorce. The State of Connecticut requires parents to purchase health insurance for minor children based on their respective abilities until the child reaches the age of 18 or completes high school, but no later than age 19. In a divorce, it is common for the spouse whose coverage is in effect at the time of the divorce to agree to continue to do so as long as it is available from an employer at a reasonable cost. If they are no longer available to that spouse at a reasonable cost, the other spouse usually agrees to do so if they are available through an employer at a reasonable cost. If it is not available to either spouse, both may agree to share the cost of private coverage or apply for HUSKY coverage. Many divorced parents agree that health insurance is extended until age 26, the maximum age limit allowed in Connecticut, or until the child is able to purchase health insurance from their own employer, spouse, or life partner. Some Fairfield County divorce clients have life insurance trusts that own their life insurance policies. In these cases, the divorce lawyer must obtain a copy of the trust to verify the conditions. Some life insurance funds exclude the other spouse as a beneficiary when filing a divorce action, and others exclude an ex-spouse. It is advisable that divorce lawyers work closely with the parties` estate planning lawyers to find the best way to approach these trusts in the divorce suit. No.
Once you file for divorce or legal separation, or receive an application and summons for divorce or legal separation, specific orders automatically come into effect that prevent you and your spouse or partner from taking certain actions. These orders are called automatic injunctions (ATRO) and can be found on the second page of the family law summons. You expressly prohibit you and your spouse or partner from changing coverage coverage, including, but not limited to, cancelling existing health insurance benefits or terminating the other spouse or partner as the beneficiary of the insurance. The answer to this question depends on the case. There are many variables, including but not limited to: COBRA costs; the need for specific COBRA coverage; the parties` finances; the ability of the non-applicant spouse to acquire new comparable health insurance; the ability of the non-subscribed spouse to purchase new health insurance; division of matrimonial income and property; the age of the parties; and the degree of flexibility for the non-subscribed spouse to forego other marital income and/or assets so that the subscribing spouse can pay for COBRA coverage. COBRA requires health plans to offer you or your spouse, but unregistered domestic partners, continuation if certain events occur that would otherwise result in the termination or reduction of your plan benefits. ERISA §§ 601-609; 29 U.S.C §§ 1161-1169. Like many issues you face when considering divorce, the differences between separation and divorce in Connecticut can be confusing.
This is made even more difficult by the fact that not all separations are legal separations. This guide will help you understand the key differences and allow you to take the next step and make the right decision for you and your family.