Life and health insurance issues are important considerations in divorce proceedings from several aspects:
1. Who will fund the support order or alimony if the provider should die?
2. How will this be tracked and enforced?
3. If both spouses and children were covered under a single group health plan, how will the separating spouses and children be covered after the divorce?
4. For the spouse with custody, what additional needs are there for life and/or health insurance?
Ask your attorney whether the divorce settlement can include a provision for life insurance on the provider, to protect the support order or alimony. Also, ask whether ownership of the policy can be in the name of the spouse receiving support.
The recommended approach is to acquire a life insurance policy with a face amount sized to provide the regular support payments, when deposited in an appropriate investment account.
Regarding health insurance, divorce is a qualifying event for benefits under COBRA, so named after the act of Congress that created it. Also, ask your attorney whether the divorce settlement can include a provision for health insurance, especially if either spouse can provide it at a reasonable cost through group coverage.
Finally, you may need to purchase additional health or life insurance coverage to protect yourself and your children.