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How Long Can I Stay On My Spouse’s Insurance After Our Illinois Divorce?

Posted on in Divorce

oak brook divorce lawyerOf the many parts of your financial picture that will likely change after divorce, health insurance is one of the most important. This is especially true for spouses who have been homemakers or out of the workforce for any other reason. Becoming financially self-sufficient can take some time and knowing whether you can remain on your former spouse’s insurance is an important part of preparing financially for your divorce. Fortunately, Illinois’ Spousal Continuation Law allows former spouses to continue coverage after the divorce is finalized. 

Getting Continued Insurance Coverage After Divorce 

If you want to remain on your spouse’s insurance, your spouse must notify their employer that you want spousal continuation coverage within 30 days of receiving your final divorce decree. In turn, your spouse’s insurance company will give you notice, letting you know the details of the continued coverage. You have 30 days to respond to this notice and confirm your request. 

Keep in mind that once the divorce is final, your spouse’s company will no longer pay their portion of the insurance premium - covering the entire cost is up to you. While this means you will likely pay 70 to 80 percent more for insurance than you did previously, the cost of insurance premiums is so high that many former spouses still save money and have a better plan than they could get on the exchange. 

How Long Can I Stay On My Ex’s Health Insurance Plan? 

Like many questions about divorce finances, the answer depends. For divorcees above the age of 55, continued spousal coverage is available until Medicare eligibility begins. For anyone under the age of 55, continued spousal coverage only lasts up to two years. Coverage can end sooner if you remarry, get your own insurance, or do not pay for your insurance on time. Even if you do not plan to stay on your former spouse’s insurance for long, continued coverage can be a great stopgap while you find other options. 

What if I Cannot Afford Health Insurance Premiums? 

Spouses who need time to become financially independent after divorce may be eligible for spousal maintenance (formerly known as alimony). A divorce lawyer can argue that caring for children, being a housekeeper, and any other activities during the marriage that kept a spouse from earning a full income may be grounds for spousal maintenance. 

Speak with a Western Springs, IL Divorce Attorney

Managing your finances after divorce is an important part of having a holistic plan for the future. To get help understanding how you may be able to benefit from your former spouse’s insurance plan, call the offices of Botti Marinaccio, LTD. to schedule a confidential consultation with one of our experienced Cook County divorce attorneys. We offer outstanding client service centered around your personal needs so you can focus on getting on with your life after divorce. Call us today at 630-575-8585





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Botti Marinaccio, LTD.


2015 Spring Road, Oak Brook, IL 60523

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