Divorce Law in Utah
When it comes to divorce law in Utah, the Legislature is primarily concerned with the welfare of the children of divorcing parents. Child support in Utah is only one area which the Legislature has established stringent laws to make sure that divorcing parents continue to provide well for their children.
Another area where the law protects children is with regards to health insurance. Parents are required to provide insurance for the medical expenses of their children if it is available at a reasonable cost. The term “medical expenses” includes dental as well as medical expenses. Thus, parents are really required to maintain health and dental insurance.
Whether the cost is reasonable is a question of fact. There is some argument that medical and dental insurance is not reasonably priced anywhere, but that argument typically doesn’t fly with courts. If neither parent can provide health and dental insurance based on the argument that they cannot get it at a reasonable price then the parents have the burden of establishing that such is the case. Courts are not very lenient when it comes to providing health and dental insurance for children.
Which Parent Has to Provide Health Insurance?
The court considers various factors in determining which parent should provide the health insurance including the reasonableness of the cost, the availability of a group insurance policy, the coverage of the policy, and the preference of the custodial parent. If one parent can get insurance at a significantly lower cost that is preferred, which means that a parent who has access to health insurance through his employer will usually be given the obligation to own the insurance policy.
Who Pays the Costs of the Premiums and Out of Pocket Expenses?
The actual out of pocket costs of the premiums and the out of pocket medical expenses are split equally between the parties by default. The court can change the default if there is good cause to do so.
What if Both Parents Carry Insurance?
If both parents carry insurance then the court can allocate a division of the expenses in any manner deemed equitable.
For more questions concerning insurance and divorce in Utah, call our law firm at 801.618.1331.