Health Insurance as a Factor in the Divorce Process

For many people, a key question when facing divorce is making sure that a marital split does not leave you without health insurance. This is often an issue for women who have become stay-at-home moms, with healthcare through the husband’s job.

Of course, gender roles being what they are in Atlanta in 2012, it could be the opposite situation. It could be the husband who is a stay-at-home dad, with insurance through the wife’s job.

In any case, the U.S. Supreme Court decision on the federal healthcare reform law is likely to affect many people going through the divorce process. Like it or not, whether you are with or without health insurance, that coverage can be a factor when considering an Atlanta divorce.

Georgia was one of over 25 states that filed legal challenges to parts of the federal law. Yesterday’s Supreme Court decision broadly upheld the law, however, in a 5-4 decision. The deciding vote was cast by Chief Justice John Roberts.

Chief Justice Roberts reasoned that the individual mandate to buy health insurance or face financial penalties was permissible under Congress’ power to tax. This was the case, Justice Roberts said, despite the fact that the federal healthcare law does not use the word “tax.”

Georgia Attorney General Sam Olens said he disagreed with the Supreme Court’s decision. He expressed the hope that the law could be overturned legislatively following the November election.

In the meantime, however, it seems clear that more Georgians will be getting health insurance. And for many divorcing couples, that may facilitate the divorce process. After all, if both parties have health insurance, there is no need to stay married, just to keep someone on the other spouse’s policy,

Source: “Supreme Court Health Care reaction was rapid fire from Georgia,” Atlanta 11 Alive, 6-29-12

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