In California divorces involving minor children, courts require parents to address health insurance coverage, ensuring continuity of care through employer-sponsored plans, COBRA, Covered California, or Medi-Cal, while also establishing cost-sharing arrangements and procedures for medical expenses.

When parents divorce in California, ensuring continuous health insurance coverage for their children becomes a critical consideration that must be addressed in the divorce settlement. California law places significant emphasis on protecting children's well-being during and after divorce, and this includes maintaining their healthcare coverage.

Here's what parents need to know about handling children's health insurance during and after a divorce in California. California courts require that children's health insurance be addressed in any divorce settlement involving minor children. Under California Family Code Section 3751, the court can order either parent to maintain health insurance coverage for their children, provided it's available at reasonable cost through employment or other group health plans. "Reasonable cost" typically means that the insurance premium costs no more than 5% of the responsible parent's gross income.

The court order will specify: Which parent is responsible for maintaining health insurance How uncovered medical expenses will be divided The timeline for reimbursing the other parent for medical expenses Procedures for handling emergency medical situations The kinds of insurance coverage for minors that are acceptable in the court’s view include: Employer-Sponsored Coverage: If children were covered under a parent's employer-sponsored plan before divorce, they can typically continue this coverage. The parent carrying the insurance must notify their employer and insurance provider of any changes in family status and ensure the children remain enrolled. COBRA Coverage: If children were covered under the non-custodial parent's insurance and that coverage would otherwise terminate, COBRA (Consolidated Omnibus Budget Reconciliation Act) allows for continued coverage for up to 36 months. However, COBRA premiums can be expensive, as the full cost of insurance must be paid without employer contributions. Covered California: The state's health insurance marketplace offers various plans for children if employer-sponsored coverage isn't available.

Income-based subsidies may help reduce premium costs. Medi-Cal: Low-income families may qualify for Medi-Cal, California's Medicaid program, which provides free or low-cost health coverage for children. California courts typically require both parents to share the cost of children's healthcare. These costs include monthly insurance premiums, copayments and deductibles, uncovered medical expenses, dental/vision, mental health services, and prescriptions. The cost-sharing arrangement usually aligns with the parent's income levels and the percentage of time each parent has physical custody of the children.

The court order will specify exactly how these expenses should be divided and the procedure for reimbursement. That said, changes in employment, insurance availability, or financial circumstances may necessitate modifications to the original insurance orders. Either parent can request a modification if there has been a significant change in circumstances. These might include loss of employment, onerous increases in insurance premiums, relocation that affects network coverage, or changes in a child’s medical needs.  It will be important for parents to keep detailed records of all medical expenses, including receipts, explanation of benefits statements, and correspondence about medical care. Make sure that they are maintaining clear communication with each other about medical appointments, treatments, and expenses.

Many courts recommend using co-parenting apps such as Talking Parents or Our Family Wizard or email to document all healthcare-related communications. It is also essential that one parent inform the other parent promptly about medical emergencies and seek their input on non-emergency medical decisions as required by the custody agreement. Make sure both parents have copies of current insurance cards and understand how to access medical care within the insurance network. There are several common pitfalls to avoid regarding minors’ insurance coverage. Ensuring there is coverage during the transition period of divorce is paramount. Be careful to choose healthcare providers who are advantageously located for both parents to make sure healthcare is easily accessible for the child. If the children affected have any existing and ongoing medical condition or special needs, these must be considered in maintaining coverage as well.  Managing children's health insurance through divorce requires careful planning and clear communication between parents.

Understanding California's legal requirements, available insurance options, and best practices for handling healthcare expenses can help ensure children maintain access to necessary medical care throughout and after the divorce process. To avoid potential issues, it’s important that family law practitioners work directly with clients to make sure they understand their rights and obligations regarding maintaining children’s insurance throughout the divorce process.

​Emily Faye Robinson is a family law attorney and mediator in Los Angeles and Ventura Counties.