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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By Leigh Whitaker January 28, 2025
Female Divorce Attorneys in the Dallas-Fort Worth Area In many instances, divorce cases are challenging and emotionally taxing experiences. For this reason, it’s common for people to prefer working with an attorney of the same gender because they feel as though the attorney can empathize and understand their situation more. At the end of the day, the gender of your attorney may not affect the outcome of your case, but it’s important to feel as comfortable as possible while navigating through the process. At Wilson Whitaker Rynell, our experienced female divorce attorneys offer compassionate and empathetic approaches while they develop a comprehensive legal strategy to represent you. Why Should You Choose a Female Divorce Lawyer? There are many reasons why hiring a female divorce attorney can help you throughout your divorce. For one, they often have experience working on issues that disproportionately affect women in divorce such as spousal support (alimony), child custody disputes, and asset division. Additionally, female divorce lawyers offer a unique level of empathy, understanding, and communication. As a result, many clients feel that they are more approachable and compassionate, which is beneficial when dealing with the emotional turmoil of the process. More importantly, female divorce attorneys are more familiar with how the court treats women in divorce cases and use this knowledge to strategically protect their clients’ interests, whether male or female. Why Our Female Divorce Attorneys May be Right for You At Wilson Whitaker Rynell, our female divorce attorneys are skilled, knowledgeable professionals, they also have many years of experience in handling complex divorce cases. Whether it’s issues surrounding custody of children, alimony, or asset division, our female divorce lawyers ensure each client receives high-quality legal advice. Our firm’s female divorce attorneys provide the highest level of personal attention, ensuring that each client’s unique needs and concerns are addressed through every step. Unique Challenges Women Face in Family Law Disputes in Texas Family law disputes can be emotionally charged and legally complex, especially for women navigating the process in Texas. Women often encounter unique challenges due to their roles in the marriage and family dynamic, particularly when it comes to child custody, child support, and the division of marital assets. Child Custody Challenges In many marriages, women take on the primary caregiving role for their children. However, when it comes to custody decisions, courts in Texas prioritize the best interests of the child over parental gender. While this often works in favor of mothers, women may still face hurdles in proving they are better suited to provide the stable environment the child needs, especially if their ex-spouse disputes custody. Factors such as work schedules, living arrangements, and financial stability can come under scrutiny. Child Support Issues While Texas law allows women to seek child support, collecting these payments can sometimes prove difficult. Women awarded child support may find themselves dealing with ex-spouses who delay payments, make partial payments, or refuse to pay altogether. Enforcing child support orders often requires legal intervention, which can add to the emotional and financial strain. Division of Marital Assets In Texas, a community property state, marital assets are typically divided equitably during divorce. Women who are awarded assets such as the family home may face challenges related to maintaining the property, refinancing a mortgage, or covering associated expenses. Additionally, women who sacrificed their careers to support their spouses or raise children may feel disadvantaged during the division of assets if their earning potential is limited compared to their ex-spouse. How Your Divorce Attorney Will Support You Each divorce case is unique, and having an experienced attorney standing by you is vital. Whether you’re dividing assets, negotiating child custody, or managing other complex legal issues, the female divorce attorneys at Wilson Whitaker Rynell are here to protect the interests of you and your family. Our attorneys will take the time to understand your unique circumstances and empower you to make informed decisions that support your career, family and future. When you choose a female divorce attorney from Wilson Whitaker Rynell, you can trust that they will: Prioritize your family’s best interests. Negotiate with integrity, ensuring fairness and transparency. Clearly explain all your options and their potential outcomes. Help you create the future you want by offering trusted legal advice. Use efficient methods to minimize unnecessary costs and keep the process manageable. Navigating family law disputes requires a thorough understanding of Texas family law and strong advocacy. Women facing divorce or other family law issues are encouraged to seek an experienced family law attorney who can provide personalized guidance. A skilled lawyer can help craft a strategy that protects their rights and ensures a fair resolution. This includes representing their interests in court, negotiating settlements, and helping enforce orders such as child support or spousal maintenance.
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