Wilson Whitaker Rynell

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972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN
wilson whitaker rynell attorneys and counselors at law logo
972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN

Insurance Plans in Divorce in Texas

ATTORNEYS IN DALLAS

Leveraging Insurance Plans in Divorce Settlements

Insurance Plans in Divorce

When a couple decides to end their marriage, they must consider not only the emotional but also the financial ramifications of legally dissolving their relationship. Although some financial consequences of a divorce are clear, such as the division of property, others like the risk of losing insurance coverage, may not be top of mind for those seeking a divorce, but they are equally significant.

Insurance Plans While a Divorce is Pending

Once a divorce petition is filed, a court may issue a temporary order that outlines the obligations and limitations of each party during the divorce proceedings. In Dallas and other counties, a standard order may prohibit either spouse from modifying, terminating, or affecting any insurance policies that cover either spouse or their children. As a result, if one spouse is covered by the other's health insurance policy, the coverage is usually preserved until the divorce is officially finalized.

Insurance Plans After a Divorce is Final

Texas law does not mandate insurance companies to offer insurance coverage to an ex-spouse after the divorce is finalized. Hence, the court is not authorized to require a spouse's insurer to continue coverage for an ex-spouse after the divorce. Consequently, in most cases, the dissolution of a marriage will result in a loss of coverage for a person who was covered under their spouse's policy. Nevertheless, individuals may retain coverage through their ex-spouse's insurance plan under the Consolidated Omnibus Budget Reconciliation Act (COBRA). COBRA allows a divorcing spouse to purchase health insurance from their ex-spouse's employer for up to thirty-six months, with a cost not exceeding 102% of the premium cost. It is crucial to note that spouses seeking COBRA coverage must apply for coverage within sixty days of the divorce's finalization.

Although the court cannot order a party to sustain insurance coverage for their ex-spouse after a divorce, it may adjust the distribution of any marital assets to reflect the financial impact of having to buy insurance for the spouse who will no longer be insured. For example, the court may direct a spouse to pay contractual alimony equivalent to their ex-spouse's insurance premium. In such circumstances, it is advisable to consult a knowledgeable divorce lawyer for assistance with the ensuing negotiations.

Health Insurance for Children of Divorce

If one or both spouses have health insurance that covers their children, the court may order that the coverage continues after the divorce. If neither parent has access to employer-based insurance but can purchase insurance for the child at a reasonable cost, the court may order that parent to obtain the insurance. If insurance is not available at a reasonable cost, either parent may be required to make payments to the other parent to cover the child's medical expenses. However, the payment obligation cannot exceed 9% of the parent's income. It is important to note that a parent may be required to provide insurance coverage for their child, even if they do not have primary custody.

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Best Texas Divorce Lawyers

Our Dallas Divorce Attorneys Serve Clients Throughout Texas


In order to best prepare yourself during the divorce process, it is vital that you have a qualified divorce attorney by your side. Our divorce law firm is dedicated to providing knowledgeable, professional, and effective legal counsel for all types of family and divorce matters. When you work with our experienced Dallas family law attorneys, you can trust that we will have your best interests in mind.

Speak with an Experienced Divorce Attorney

If a married person is covered under their spouse's health insurance policy, they may lose their coverage if they decide to get a divorce. The attorneys at Wilson Whitaker Rynell can help you understand your options for insurance plans during divorce and guide you towards a favorable outcome. Our firm represents clients in divorce cases in various Texas cities, including Dallas, Austin, Houston, Fort Worth, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.

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A man and a woman are sitting on a couch with their arms crossed.
By Kayla Holderman 10 May, 2024
Dallas Family Law & Divorce Attorneys Deciding to divorce is a challenging and significant life choice. Once you've made that decision, there are many paths to consider, and Wilson Whitaker Rynell is here to help you navigate the best way forward. What distinguishes us from other Dallas family law firms is our exceptionally skilled team of family law practitioners and our commitment to delivering outstanding client-centered service. Whether through mediation or litigation, our family law attorneys in Dallas bring a depth and breadth of knowledge gained through years of successful practice. We also have board certified divorce lawyers so you can count on the highest standards of integrity, expertise, and legal proficiency from the divorce lawyers at Wilson Whitaker Rynell. Whether you're in Dallas, Plano, Frisco, Allen or any other Dallas neighborhood, you can trust our local family law firm to provide you with the support and guidance of a highly experienced team of family lawyers. Family Law Practice Areas Our dedicated team is focused on providing personalized and effective legal solutions tailored to each client's unique circumstances. We understand that family law matters can be emotionally challenging, and we strive to offer compassionate support while staunchly defending our clients' rights and best interests. With Wilson Whitaker Rynell, you can trust that you'll receive top-tier legal representation from a team that genuinely prioritizes your well-being. We specialize in a wide range of family law and divorce matters, ensuring comprehensive legal support for our clients. Our experience includes, but is not limited to, the following areas:
A woman is sitting at a desk using a laptop computer.
By Chelsea Lankford 08 May, 2024
Interview of a Child in Chambers by a Texas Court Divorces can be messy; even more so when children are involved. One pivotal question that is often asked is who will receive primary custody. The prospect of children speaking to a judge during a divorce case to help determine custody can be a controversial topic. On one hand, it aims to understand and prioritize the child's preferences and best interests. On the other hand, exposing children to legal proceedings can be emotionally taxing and stressful . When Can the Judge Talk to Children? During a nonjury trial or hearing, the court is required to privately interview any child 12 years or older, while interviewing a child under 12 is at the judge's discretion. This private interview helps convey the child's wishes regarding who should have primary custody. The judge can also conduct the interview independently or on the request of a party, amicus attorney, or attorney ad litem. While speaking to the child can help determine issues of possession, access, and parent-child relationships, it does not restrict the court’s authority to decide what’s best for them. However, in cases where a jury trial is underway, the judge is prohibited from privately interviewing the child on matters subject to a jury verdict such as which parent is granted conservatorship/primary custody. During the conversations, attorneys representing the parents, the amicus attorney, the guardian ad litem, or the child's attorney ad litem may be present. For children aged 12 and older, the court is required to record these interviews to ensure a thorough and accurate record is available as part of the overall case documentation. Inside the Judge's Playbook: What Gets Asked? The judge may ask open-ended questions about living arrangements, the child's relationship with each parent, and other aspects relevant to their well-being. Additionally, an interviewer’s nonverbal communication may not contribute to the making of a particular statement. James v. Texas DHS, 836 S.W.2d 236, 239-241, (Tex.App.—Texarkana 1992, no writ.). However, the child's testimony is just one piece of the puzzle, weighed alongside other factors such as parental behavior, home stability, and each parent's willingness to cultivate the child's relationship with the other parent. Importantly, if the judge during the interview has reasonable cause to believe that a child’s physical or mental health or welfare has been adversely affected by abuse or neglect by any person , the the judge is obligated to shall immediately make a report. Tex. Fam. Code §261.101(a).
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By Chelsea Lankford 18 Apr, 2024
Parental Alienation | Texas Child Custody Attorneys
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