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Putting a hold on divorce to avoid losing health care

| Jul 31, 2017 | Divorce

When a Minnesota couple no longer wants to stay together, they can opt to get a divorce. However, some couples are deciding to hold off on going through the divorce process due to the uncertainty of the future of health care in the United States. For example, some individuals are afraid they will not be able to get their own health care insurance when they can no longer stay on their spouse’s plan.

For those who have put a temporary stop on their divorces, there are several things they can do while the uncertainty remains. Some are spelling out the terms of a future divorce in a post-nuptial agreement. This allows them to determine how property will be divided and deal with other terms should the decision to get divorced in the future be made. Others choose to finalize the terms of the divorce but hold off on filing.

Health insurance has always been tied to a person’s employment, and for those who do not work, their marriage status. Before the ACA, people could stay on their former partner’s health insurance plan for up to three years through COBRA. After that, they had to find their own coverage often while dealing with discrimination over pre-existing conditions. The Better Care Reconciliation Act could allow pre-existing condition discrimination to return.

Opting to get a divorce instead of trying to work out a marriage is not an easy decision to make. However, in some circumstances, getting a divorce may be in the best interests of everyone involved. The process can be complex and can involve a number of financial challenges, and a family law attorney can attempt to negotiate a settlement agreement that protects the client’s interests.

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