Chicago Divorce Lawyer for Health and Insurance Considerations

Chicago Family Law Attorney for Spousal Maintenance and Health and Life Insurance Concerns Between Older Couples in Cook County

Getting a divorce in your older years is difficult, not only because of the upheaval it brings late in life, but also because you might be dealing with health-related concerns in addition to the end of your marriage. Health care can become a huge expense as you get older, and you may be worried about your ability to provide for your care without your spouse's assets, insurance coverage, and other benefits.

Fortunately, there are viable solutions to these problems, and at The Law Office of George J. Skuros, we can help you prioritize them in your divorce resolution. With over 30 years of legal experience, we understand all of the available options for securing your financial stability and ongoing insurance coverage after your marriage has ended. We will be sure to keep you fully informed as we help you pursue the best course of action.

Health Considerations for Marital Property and Spousal Support

Under Illinois law, the health of both spouses is an important consideration in all of the major decisions that a divorce resolution will address. For older couples, the division of marital assets and the determination of spousal maintenance are usually of greatest relevance. A spouse who is in poor health often requires substantial financial resources to provide for their needs, and whenever possible, the court will try to ensure that the property division settlement fairly addresses those needs.

Health conditions can also affect a spouse's ability to work or seek employment, meaning that it will likely be difficult for them to earn an income and support themselves. When this is the case, the court will often grant a request for spousal support, provided that the other spouse is still working or earning a regular income. These support payments can be used to cover health insurance premiums and out-of-pocket expenses, as well as regular living expenses.

Health Insurance Coverage After an Illinois Divorce

If your health insurance coverage has come through your spouse's employer during your marriage, a divorce can put you at risk of losing coverage. Illinois law allows you to request a continuation of coverage from your former spouse's employer after the divorce, but you must act within 30 days in order to do so. You will also be expected to pay the full cost of the premium, plus administrative fees in some cases, and continuation will only last for up to two years if you are under the age of 55. We can advise you as to whether spousal continuation is the best option or if you would be better served seeking individual coverage.

You may also be concerned about qualifying for Medicare after your divorce. Many people become eligible for Medicare benefits at age 65 based on either their own work history or that of their spouse. If you are divorced and you have never worked, you may fear that this means Medicare is unavailable to you. However, if you were married for at least 10 years and your former spouse qualifies for Medicare, you can still receive coverage through this program.

Divorce and Life Insurance Benefits

During your marriage, you and your spouse may have purchased life insurance policies with each other named as beneficiaries. Depending on the type of policy, life insurance may have both a death benefit and a cash value, and both of these may factor into the division of marital assets. To ensure a fair distribution of assets, it is often possible to negotiate for an arrangement in which you remain the beneficiary of your spouse's life insurance policy after the divorce. If you are granted spousal maintenance, it may also be possible to negotiate for a new life insurance policy that ensures support even if your former spouse dies.

Contact a Des Plaines Divorce Attorney

You should never overlook the importance of your health and all of the possible implications that your divorce may have. Contact us at 312-884-1222 for a free consultation to answer your questions about health and life insurance in your divorce and learn how we can help. We serve clients in Des Plaines, Park Ridge, Arlington Heights, Mount Prospect, Inverness, Schaumburg, Chicago, and throughout Cook County.