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What To Do With Insurance After Divorce

can i remove my spouse from my health insurance if we are separated Canada

In some instances of separation, the couple detaches and goes their separate ways immediately — they divvy up the house, the funds and even their pets. 

However, in other cases, there may be circumstances in which the exes remain connected, especially if they have joint health coverage or children.

Can I Remove My Spouse From My Health Insurance If We Are Separated In Canada? 

The short answer is, yes. Some Canadian health insurance plans will terminate coverage for your ex-spouse at the time of legal separation. 

However, this is not always the case. Other plans allow a former spouse to remain insured under the insured’s health policy until a divorce is finalized. 

Having said that, we would caution anyone who is separating to not make any rash decisions and discuss any changes to their insurance coverage with a lawyer before doing so.

How Should I Negotiate Insurance Changes During Separation?

It is normal to negotiate the terms of insurance during divorce proceedings, as there is a cost associated with these benefits. We encourage you to work with your lawyer to create an agreement that works for you. 

Typically Health Benefits go to a discussion regarding support, whereas Life Insurance may be used to secure both support obligations and property payments.

What Happens To Health Benefits During Divorce? 

If only one spouse has health coverage or has significantly more coverage, they will typically be asked to keep their former partner on the plan for as long as the plan allows. 

However, once spousal support ends, this obligation no longer applies.

In many cases, especially during amicable separation, the former spouse with more coverage will allow their ex-partner to receive benefits until they remarry or finalize a divorce. 

Should I Apply For My Own Health Insurance When Divorced?

For the spouse who is losing health insurance in their separation or divorce, it’s a good idea to begin shopping around for a new plan. They may consider options provided by their employer, or an individual health plan. 

What Happens To Health Insurance Benefits For Kids During Divorce?

For exes who share children, health insurance for their dependents does not change a whole lot. 

When it comes to the children, they will most likely remain on the same plan until they are 25 years old, provided they are full-time students.  

For more information or to speak with one of our lawyers today, feel free to contact us now.

This blog is made available by the law firm publisher, Epstein & Associates, for educational purposes. It provides general information and a general understanding of the law but does not provide specific legal advice. Any specific questions about your legal concerns please contact us now and speak to an expert today.