I lost my job in the middle of a divorce, do I have to pay for health insurance for my soon to be ex spouse?

Probably Not. 

Health Insurance continues to be a tricky issue for divorcing families. Under the automatic temporary restraining orders that go into effect when you file for divorce in California, a party is prohibited from canceling or changing health insurance coverage. Family Code 2040(a)(3). This code section did not address what happens when an individual loses health insurance from a non voluntary termination.

Experienced Family Law attorneys in San Francisco California Bay Area will advise clients that if they lose a job during a divorce, they should give their ex spouse notice that due to a job change they will not be obtaining coverage for the ex spouse. This notice will give the spouse time to plan for new coverage. 

While there is clear answer under the family code, if you are fired or laid off from your job you are probably not responsible for obtaining coverage for your ex spouse. This is because if the cancellation or change is not voluntary then there is no violation of the ATROs.  Nevertheless, there may be an obligation to preserve COBRA rights for the non-employee spouse. And if you voluntarily quit you may be responsible for health coverage.  Additionally, a court could direct a party to obtain health coverage or to consider this expense when calculating child or spousal support.  If you lose your job during a divorce, it is important to understand your obligations - contact a family law attorney to learn more. 

 Contact amanda@gordonfamilylaw.com for more information.