Margaret Gettle Washburn, P.C.
(770) 676-1191
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Halting a divorce to prevent a loss of health care

Although it is always difficult for Georgia couples to determine that divorce is the best option, some are halting their plans due to the uncertain future of healthcare. If the ACA is repealed, for example, some people may not be able to get healthcare insurance if they get divorced.

Under the ACA, healthcare insurers cannot discriminate against those who have pre-existing conditions, such as cancer and even conditions associated with pregnancy. If the Better Care Reconciliation Act is passed into law, it could allow insurers to reduce the amount of benefits a person who has a pre-existing condition could be eligible for. Further, some policies may consider some services as non-essential, such as maternity or mental health services. Married residents can often get more affordable healthcare insurance through their spouse even if they have pre-existing medical conditions.

Until more questions about the fate of healthcare are answered, some couples are turning to post-nuptial agreements while their divorce is on hold. This allows couples to remain married but outlines the terms of a divorce, such as the division of assets. Other couples are finalizing the terms of their divorce but are holding off on actually sending in the paperwork to be processed by the court.

Going through a divorce can be a very messy process, especially because the terms of the divorce can have a major impact on the post-divorce lives of both individuals. Because healthcare can be a major expense for a person who may not have worked during his or her marriage, taking healthcare premiums and deductibles into consideration when negotiating alimony is a must. A divorce attorney may estimate the potential increase in healthcare costs when helping a person negotiate alimony payments, potentially preventing the person from being unable to avoid healthcare.

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Margaret Gettle Washburn, P.C.
4799 Sugarloaf Pkwy
Building J
Lawrenceville, GA 30044

Phone: 770-676-1191
Fax: 770-963-2828
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