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How the Affordable Care Act Affects Divorce

BY Christian V. Badali
November 26, 2013

On Oct. 1, Americans without health insurance were for the first time able to buy private insurance by choosing among different levels of plans through the Patient Protection and Affordable Care Act, sometimes referred to as Obamacare. Specifically, beginning Jan. 1, 2014, people with pre-existing health conditions will not be denied coverage as health insurance providers will no longer be permitted to refuse to insure an individual or even to charge insureds with pre-existing conditions higher premiums for health insurance coverage. How do these radical changes to health care law in the United States affect its citizens who are currently going through the divorce process or are recently divorced?

Women and Health Insurance

According to a study from 2012 done by the University of Michigan, approximately 115,000 women lose their private health insurance each year as a result of divorce. The study also found that most do not get health insurance quickly thereafter for a number of reasons. It is believed that as many as one-quarter of all divorcing women who are no longer covered by their former husbands' health coverage may remain without insurance for at least six months. Many of these women who are not getting insurance did not have jobs outside the home, or work at positions where health insurance is not offered. Others are able to get continuing coverage through COBRA plans offered by their ex-spouses' employers, but often cannot afford the cost, and the duration of this coverage is limited, sometimes only for 36 months.

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