Is worry about health care coverage preventing you from filing for divorce? P.2

In our previous post, we mentioned that a significant number of couples are currently postponing divorce because of concerns about lack of health insurance coverage due to uncertainties in how health care law will be reformed. The decision to postpone divorce on this basis certainly isn’t for everybody. For some couples, there are enough other factors as play that health care insurance isn’t a major concern.

Whenever possible, of course, it is good for an individual seeking marital dissolution to have a solid understanding of what his or her health care and health insurance costs will be after divorce. One reason for this is that it helps with general preparation for the changes that are coming, so the transition is smoother. 

Another to have a good understanding of post-divorce health insurance costs is to ensure appropriate steps are taken in property division and other divorce negotiations to ensure one achieves a fair outcome. This is particularly important when one is the financially weaker party in divorce. In addition to property division, alimony or spousal maintenance can be an important source of support for a spouse following divorce. It is important for a financially weaker spouse to work with experienced legal counsel to ensure he or she receives the spousal maintenance to which he or she is entitled.

There are a couple types of maintenance that may be awarded in New York. Temporary maintenance is support paid while the divorce case is ongoing. Courts make temporary maintenance calculations based on a fixed formula, but a number of factors can also affect awards. We’ll say more about this in our next post.

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