Health Insurance and Alimony (Spousal Maintenance) in Arizona

Health Insurance and Alimony (Spousal Maintenance) in Arizona

How does losing my health insurance during a divorce affect my alimony?

Pursuant to ARS 25-319 (B)(12) the Court may consider the cost of health insurance when calculating the amount of spousal maintenance to award in a divorce. Obviously this is an important factor for spouses with health problems,  who’ll be  forced off of their spouse’s health plan after a divorce. A spouse seeking spousal maintenance or opposing spousal maintenance should research the cost of insurance and be prepared with documentation for trial.

Heath insurance is something the court will consider a “relevant factor.” Here’s the actual language in the statute defining how the Court will consider this factor:

“The cost for the spouse who is seeking maintenance to obtain health insurance and the reduction in the cost of health insurance for the spouse from whom maintenance is sought if the spouse from whom maintenance is sought is able to convert family health insurance to employee health insurance after the marriage is dissolved”