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Taking Care Of Insurance After A Divorce


Are you thinking about leaving your spouse? Are you in the middle of a divorce action? Have you just received your final divorce order? When you and your spouse separate and divorce, you must deal with a variety of issues, including custody, child support, alimony, and property division. During each step of the divorce process, there are things that you must consider and take care of in order to protect your best interest. There are some issues that you may not think of; however, these items are extremely important. Insurance coverage is one of the things that can be easily overlooked during and after a divorce.

As an experienced child custody lawyer, I help clients with a variety of issues before, during, and after a divorce. One of the issues many people must face is what to do about insurance policies after a divorce. In this blog, I review five important types of insurance coverage that you must take care of to protect yourself and your children. If you have additional questions about insurance coverage and divorce, please contact my office to speak with a Jacksonville divorce attorney.

Health Insurance

Health insurance is a difficult issue for many families, but especially for divorced couples. Children can remain on a parent’s employer-sponsored health insurance policy. However, an ex-spouse cannot remain on an employer-sponsored health insurance policy as a dependent.

You may be able to purchase health insurance coverage through your ex-spouse’s health insurance provider under COBRA. However, COBRA coverage is usually very expensive. Consider signing up for health insurance through your own employer or purchasing a policy directly from a health insurance company. Because health insurance is very important, begin making plans to take care of this issue as soon as you separate from your spouse.

Life Insurance

It is extremely important that you change the beneficiary of your life insurance policy as soon as you separate. If anything should happen during the divorce or even after the divorce and you have not changed your beneficiary designation, your ex-spouse will receive your life insurance proceeds.

The exception would be if the judge requires you to carry life insurance naming your ex-spouse as the beneficiary as part of your custody agreement. In some cases, you will be required to maintain a life insurance policy naming your ex-spouse as the beneficiary until your children are over the age of 18 years.

Car Insurance

Most married couples have one car insurance policy that covers all vehicles and drivers in the home. When you separate, you want to obtain a car insurance policy in your name only, especially if you are purchasing a new vehicle. If your ex-spouse is listed on your policy, notify him or her in writing of your intent to remove his or her name as a driver on your policy.

Homeowner’s Insurance

Whoever retains the home should have a homeowner’s insurance policy in his or her name. Notify the insurance company when you spouse moves out of the home and change the policy as soon as the court issues an order regarding permanent possession of the home. If you are moving out of the marital home, purchase renter’s insurance to protect your assets while you are searching for another home to purchase.

Disability Insurance

Disability insurance is often overlooked when someone is taking care of insurance matters during and after a divorce. This type o f insurance pays your income if you become disabled or if you are unable to work due to an injury or illness. If your ex-spouse is required to pay alimony and/or child support, you may want to ask the judge to include a provision in the final order requiring your ex-spouse to maintain disability insurance. This protects you in the event your spouse cannot work.

Contact A Jacksonville Family Law Attorney

Insurance matters can be complicated, especially during a divorce action. It helps to have an attorney who understands the best ways to handle matters related to insurance. Our family law attorney can help you with all matters related to your divorce, including insurance matters. If you are considering a separation or divorce, it is best to consult with an attorney as soon as possible so you can take the necessary steps to protect your interests and the interests of your children.

The Trevor J. Avery Law Firm represents clients throughout Duplin County, Onslow County and the surrounding communities. Call our office at (910) 405-8459 or contact us online today for a case evaluation with a Jacksonville family law attorney.