spousal maintenance; health insurance

Purpose

Requires a judge when ordering spousal maintenance to consider the cost of health insurance for the person seeking maintenance, as well as the cost savings for the spouse from whom maintenance is sought.

Background

Last year S.B. 1357 was introduced to require a person petitioning for dissolution or legal separation to maintain the spouse on a health insurance plan on which the other spouse was covered during the marriage. The bill was held in committee because of concerns raised by the insurance industry.

The current bill requires the courts to consider the cost for the spouse seeking maintenance to obtain health insurance and the expense reduction, if any, to the person from whom maintenance is sought, when deciding the amount of spousal maintenance to award. There is no fiscal impact to the state.

Provisions

1. Requires a judge who is ordering spousal maintenance to take into consideration:

(a) the cost of health insurance for the spouse seeking maintenance.

(b) the cost savings, relating to conversion of health insurance from a family plan to an individual plan, for the person from whom maintenance is sought.

2. Makes conforming and technical changes.

3. Provides for a general effective date.

Prepared by Senate Staff