Q: How soon after a divorce can my kids and I receive Medicaid?
My husband makes a good living, but I am a stay at home mom and will need health care. I don't want to leave any lag time so that I get charged the fine.
A: Healthcare should be covered under the separation agreement and custody agreement. For the minors it is totally reasonable to request that the father pay for their healthcare costs (esp. if he is historically the breadwinner--this request will likely reduce potential alimony requests). For you, most separation agreements allow a 1-2 month carryover period after the final decree to allow the parties to get their own healthcare (this, like most aspects of a separation agreement, is negotiable). To avoid the penalty, the goal should be to get coverage in the next or same month when the old coverage expires. Note, the Obamacare penalty is counted every monthly (so, missing 1 month will NOT result in a full yearlong penalty). For the all details and specific review of your situation, contact a family law attorney.
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