What is a Notice of Right to Convert Health Insurance?

Divorce brings many changes. One of the aspects of a marriage that usually has to be modified is the couple’s health insurance. The husband and wife often have joint health insurance coverage. Often this coverage is through one or the other person’s employer. When people go through a divorce, they may wonder, what is a notice of right to convert health insurance? This notice is required in all divorce cases in Arizona.

Right to Continued Medical Coverage

It is important for you to have health insurance coverage. Without insurance, you could be forced to pay thousands of dollars out of your own pocket should you require any kind of serious medical assistance. The law provides protection for divorced couples, so they can keep medical insurance coverage that they need. You, and your children, have the right to continued medical coverage after the divorce, but you need to take steps to ensure that it occurs.

Dependants on Health Insurance Policies

In general, health insurance companies allow coverage only to qualified dependants. When a divorce occurs, the situation changes the status of those covered under the policy. Rather than simply removing them from the policy, Arizona law provides the opportunity to continue coverage in cases of divorce – this is known as “COBRA coverage.” Specific stipulations are in place that allows the former spouse to take over the existing policy coverage, if they choose to do so, at their own cost.

Completion of the Right to Convert Health Insurance Form

Part of the divorce process in Arizona requires parties to complete the “Right to Convert Health Insurance” form. The law allows 31 days after the Decree of Dissolution is granted to contact the insurance company, convert the policy into your own name, and make the appropriate payment arrangements. Conversion of health insurance applies to the spouse, and any children that you are required to provide insurance to.

Preexisting Conditions and Other Exclusions

Insurance coverage plans vary greatly between policies and companies. When you have a preexisting condition, it is essential to make sure that any policy changes you make will still provide you with coverage. Exclusions to policies may apply. Do not give up your insurance policy until you first determine that you are able to obtain a new policy that takes care of your medical needs.

Insurance issues in a divorce are a critical concern. Get assistance with your divorce from the qualified legal team at Udall Shumway PLC. Call to schedule a consultation.

This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Notice of Right to Convert Health Insurance, or other family law issues, please feel free to contact Jonathan D. Brooks at 480.461.5300, log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.