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Health care concerns may delay some divorces

| Jul 31, 2017 | Divorce |

Some New Jersey couples whose marriages are failing may decide to postpone a divorce until they have a better idea of what health care options may be available to them. The Affordable Care Act helps protect people who lose their health insurance by making it more widely available. This can be particularly important for people who have preexisting conditions or for those who are in the middle of treatment. However, Congress may repeal the ACA, and it is not yet clear what will replace it.

Some couples may have finalized paperwork that they have yet to submit. Other couples are opting to create postnuptial agreements that separate assets and detail property division for when they are able to divorce. In the past, couples might opt for a legal separation in order to maintain health insurance, but many companies now no longer cover spouses who are legally separated.

Further uncertainty is created by the fact that health care may be included in spousal support payments, yet it can be difficult for attorneys to estimate what that cost might be. When considering a budget after a divorce, it is also important to keep deductibles in mind as well. For example, in one version of the plan that may replace the ACA, by 2026, the deductible could be higher than $10,000.

During divorce settlement negotiations, it is important for both people to keep their finances in mind. People may struggle financially once they are single again, but the main issues may vary depending on the stage of life of the couple. For example, retirement may be an issue for an older couple while for a younger couple there may be concerns about child support. An attorney can often assist a client in reaching an accord on these types of issues.

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