Who Pays for the Children’s Health Insurance and Co-Pays?

Answer: Generally, this depends upon the parties’ earnings and the caliber and cost of their health insurance coverage.

If both parties are employed and have relatively comparable income, they typically share (on a 50-50 basis) the cost of the children’s health insurance, co-pays, and non-covered health expenses. The parent with the most beneficial and economically feasible coverage will put the children on his or her policy and will receive reimbursement from the other party for their 50%.

If the parties’ income is lopsided, the party with the higher income usually pays the lion’s share of these costs.This issue is always subject to negotiation and is sometimes resolved less transparently by being included in concessions that the parties exchange on other issues.

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Richard and Kari are staunch advocates of the non-court approach to divorce, and are also active and seasoned litigators with over 60 years of combined trial experience in the Illinois divorce courts of Cook, DuPage, and Will counties.