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Who provides medical insurance in divorce and support

Typically during a divorce, medical insurance is already in place when parties separated. Unless the parties agree otherwise, you cannot unilaterally drop your spouse from medical insurance during a divorce and must provide coverage until a divorce decree is entered as long as it still available through work. When parties go to support court, if both parties have medical insurance available for the children, it oftentimes make sense to look at who has a better plan and at what cost. It is not just the out of pocket expense on the premium that should be looked at, but also the coverage available and cost of deductibles. If the parties cannot agree on who will provide coverage for the children the court will weigh these variables to decide what makes the most sense. No matter who provides the coverage, the parties should realize that they will both share in the cost of medical premiums in proportion to their incomes either as an add on to basic child support or as a deduction. The parent who receives child support, however, will pay the first $ 250 in out of pocket medical expenses and the balance will be shared based on incomes. 

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