Health insurance is one of the most pressing concerns when couples divorce. If you are covered under your spouse’s employer-sponsored health plan, you may be wondering: Can I keep my health insurance after the divorce is final?
The answer in New Hampshire is yes, sometimes—but with important limitations. State law allows some former spouses to remain on their ex-spouse’s group health insurance plan for up to three years. However, this does not apply in all cases, and who pays for that coverage is a separate question governed by the divorce decree.
New Hampshire’s Ex-Spouse Coverage Law (RSA 415:18, VII-b)
Under RSA 415:18, VII-b, if you were covered under your spouse’s employer-sponsored group health insurance before the divorce, you may remain eligible after the divorce decree is final.
This continuation lasts until the earliest of the following:
Three years after the date of the divorce decree,
Your remarriage,
Your former spouse’s remarriage,
The death of your former spouse, or
An earlier end date specified in the divorce decree.
Importantly, the insurance company must treat you as though the divorce had not occurred—meaning you cannot be denied or charged extra simply because of the divorce.
⚠️ Exception: This law generally applies to insured group health plans, not self-insured employer plans (which are governed by federal ERISA law). If your spouse’s employer is self-insured, continuation rights may not apply.
Who Pays for Continued Coverage? (RSA 458:18-a)
While RSA 415:18 gives an ex-spouse the right to remain covered, it does not specify who must pay the portion of premiums attributable to that coverage. Employer health plans vary widely in how much of the premium the employee must contribute, and the contribution may differ between employee-only and family coverage. It can sometimes take careful review to determine exactly what portion of the premium relates to the ex-spouse’s coverage.
This issue is governed by RSA 458:18-a, which leaves financial responsibility to the divorce decree. In practice, the court may order:
The employee spouse to continue paying,
The ex-spouse to assume the cost, or
Some cost-sharing arrangement.
Because of this, it is critical to address health insurance costs clearly in your divorce settlement or at trial.
As a practical matter, the employee always pays the premium directly through payroll deductions. If the employee spouse is ordered to cover the cost, the arrangement is straightforward. But if the ex-spouse is ordered to pay, they must reimburse the employee regularly for their share. A well-crafted order should spell out how that reimbursement is enforced to avoid future disputes.
For example:
If the ex-spouse fails to reimburse, may the employee deduct the unpaid amount from other obligations, such as alimony?
Can the employee immediately remove the ex-spouse from coverage? (This may not be possible, since health insurance changes usually require a qualifying event.)
What happens if the premium cost changes—how much notice must the employee give the ex-spouse?
When settlement agreements or court orders do not address these practical issues, it often leads to unnecessary litigation and uncertainty.
Other Coverage Options After Divorce
COBRA Coverage
Under federal law, most employees and their dependents have the right to continue coverage for up to 36 months after divorce through COBRA (Consolidated Omnibus Budget Reconciliation Act). This allows you to keep the same health plan, but you must pay the full premium yourself—including the portion your spouse’s employer used to cover. This can make COBRA expensive, but it ensures you won’t face a gap in coverage.Affordable Care Act Marketplace
Divorce counts as a “qualifying life event,” meaning you can apply for coverage through the Affordable Care Act Marketplace outside the normal open enrollment period. Marketplace coverage is often more affordable than COBRA, especially if you qualify for subsidies based on your income.Employer Coverage (If Available)
If you have a job that offers health insurance, you may be able to enroll in your employer’s plan following divorce, even if you previously declined coverage.
What About the Kids?
Children of divorced parents usually remain eligible as dependents under either parent’s plan. New Hampshire courts routinely address children’s health coverage in divorce decrees, often requiring the parent with the better or less expensive plan to maintain coverage, while the other contributes to the cost.
Planning Ahead During Divorce
Health insurance can be one of the largest ongoing expenses after divorce. When representing clients, we help them weigh:
Which parent will provide health insurance for the children,
Whether alimony should factor in the cost of health coverage, and
The pros and cons of COBRA, Marketplace plans, or continuation under RSA 415:18.
Conclusion
In New Hampshire, an ex-spouse may remain on a group health insurance plan for up to three years after divorce under RSA 415:18, VII-b, provided certain conditions are met. Who pays for that coverage is determined by the divorce decree, under RSA 458:18-a.
Because health insurance rules are complex—and the costs significant—it’s essential to plan ahead during divorce negotiations.
At Cohen & Winters, we help clients navigate the legal and practical aspects of divorce—including critical issues like health insurance and child coverage. If you’re considering divorce, we can help you prepare for the road ahead.