Does Alimony Cover Health and Other Insurance?

 Posted on October 15, 2026 in Family Law

Alimony, called maintenance in Illinois, can be awarded in divorce cases to help the spouse who is less financially stable after the divorce. Receiving spousal maintenance is not a guarantee that one spouse will continue to be covered by the insurance that they had when they were married. That said, the cost of health insurance can affect how much maintenance a court awards. Spouses can also agree between themselves that one of them will pay for the other’s coverage for a period of time after the divorce.

A West Chicago, IL spousal support attorney can help you plan for insurance costs as part of your 2026 divorce.

Can You Stay on Your Spouse’s Health Insurance After an Illinois Divorce?

Most employer plans end coverage for a spouse once a divorce is final, since a former spouse no longer counts as a dependent. Spouses may still be able to keep the same coverage for a while, but they’ll usually have to pay for it themselves.

Federal COBRA rules treat divorce as a qualifying event to continue insurance for a certain period. Under COBRA, a former spouse can often continue the same group plan for up to 36 months. The plan can charge up to 102 percent of the full premium, though. This amount can end up being far more than what a former spouse was paying. You must also notify the plan administrator of the divorce within the required time. The plan must allow at least 60 days after the divorce to provide this notice.

Illinois also has its own continuation rules for certain group policies (215 ILCS 5/367.2). If you’re under 55, coverage can generally last up to two years. If you're 55 or older when it begins, it may last until you qualify for Medicare. Coverage can end early if you remarry, stop paying, or get coverage through a new job. You must give written notice to the employer or insurer within 30 days of the divorce judgment to use this option.

Does Illinois Spousal Maintenance Include Money for Health Insurance?

Illinois’ maintenance guidelines don’t specify anything about insurance. The amount of maintenance ordered is typically based on both spouses’ net incomes (750 ILCS 5/504(b-1)). The payment can be spent in any way the receiving spouse sees fit, including on insurance premiums.

Before deciding whether to award maintenance at all, the court looks at factors like each spouse’s needs, health, and earning capacity. If the basic guideline maintenance amount wouldn’t be appropriate, the court can set a different amount. Chronic conditions or high medical costs may warrant receiving more maintenance, especially if they affect the person’s ability to work.

Spouses who make their own agreement can be more specific. A marital settlement agreement may require one spouse to pay the other’s COBRA premiums for a set period, or to pay a higher maintenance amount while the other finds a new plan. These terms can be written into the judgment so they can be enforced.

What Other Insurance Might be Affected by Alimony in Illinois?

Health insurance is the most common concern, but it isn’t the only one. Other policies can come up in a divorce in different ways, including:

Life Insurance

A court can secure a maintenance award with life insurance on the paying spouse’s life, so the receiving spouse may receive a death benefit if the paying spouse dies. Maintenance payments themselves ordinarily end at death. For existing policies, the court can divide death benefits and premium costs. For a new policy, the receiving spouse usually buys it and pays for it.

Car and Homeowners Insurance

These usually follow the property. The spouse who keeps the car or the house typically takes over the policy.

Children’s health insurance is handled separately through child support, not maintenance. It is often split between the parents.

What Should You Do Before Your Insurance Changes in an Illinois Divorce?

Start by finding out what coverage you have now and who provides it. Ask your spouse’s plan administrator what continuation options apply and what they’ll cost. Then compare that cost with a plan through the health insurance marketplace, which may be cheaper depending on your income.

Bring those numbers to your settlement talks. A clear monthly figure for coverage is easier to negotiate around than a general worry about losing your insurance.

Call a Wheaton, IL Alimony Attorney Today

Insurance can be one of the largest new expenses after a divorce. Planning for it ahead of time can keep your budget stable as you move forward.

Our West Chicago, IL divorce lawyer brings experience in complex and high-asset divorces from a previous role at a high-profile Oak Brook law firm. We can help you understand your coverage options and build them into your settlement or your case for maintenance.

Call Hensley Sendek Law at 630-358-9029 today to schedule your free consultation.