Are Health Insurance and Medical Costs Considered During Divorce Settlements in Virginia?

Divorce is a complex process that involves not only emotional and legal considerations but also significant financial implications. In Virginia, health insurance and medical costs are critical components that courts evaluate during divorce settlements, especially when children are involved.

Health Insurance Coverage Post-Divorce in Virginia

In Virginia, once a divorce is finalized, a spouse is no longer obligated to provide health insurance for their former partner. Typically, the spouse who was previously covered under the other’s employer-sponsored plan will lose that coverage upon divorce. However, options like COBRA may allow for continued coverage, though at the individual’s own expense.

Medical Expenses and Child Support

When children are involved, the court considers the cost of health insurance and medical expenses in determining child support. The parent providing health insurance for the children may receive a credit for that expense in the child support calculation. Additionally, unreimbursed medical expenses exceeding $250 per year per child are typically divided between the parents, often in proportion to their incomes.

Negotiating Health Insurance and Medical Costs in Divorce Settlements

While Virginia law does not require a spouse to maintain health insurance for an ex-spouse post-divorce, parties can negotiate such provisions during settlement discussions. This might include agreements for one spouse to continue providing health insurance or for the other to receive financial support to cover medical expenses. It’s essential to document these agreements clearly to avoid future disputes.

Importance of Legal Guidance

Navigating the complexities of health insurance and medical costs during a divorce requires careful consideration and expert legal advice. At Culin Sharp Autry & Day, our experienced attorneys are dedicated to protecting your interests and ensuring a fair resolution. If you’re facing a divorce and need assistance with health insurance and medical cost considerations, contact us today to schedule a consultation.