Medicare is a federal health insurance program that covers individuals, not families. It is typically available to people aged 65 or older, along with certain younger people who have disabilities. Unlike an employer-sponsored plan, which usually allows a spouse to be covered as a dependent on the other spouse’s policy, Medicare has no family coverage. Because Medicare is individual coverage, an Illinois divorce court does not divide Medicare between spouses. In other words, a spouse does not receive the other spouse’s Medicare coverage as part of the marital estate. Likewise, a spouse does not lose Medicare coverage just because the marriage ends. Medicare can still matter a great deal in an Illinois divorce. A divorcing spouse may need to know whether Medicare will be available after the divorce, whether supplemental insurance is necessary, whether prescription drug coverage is in place, and how premiums and uncovered medical expenses will be paid. Medicare may also impact maintenance, property division, retirement planning, and the need for temporary health insurance coverage while a divorce is pending. What Is Medicare? Medicare is not one single type of coverage. Medicare is made up of multiple parts. Medicare Part A is hospital insurance. Part A provides “basic protection against the costs of hospital, related post-hospital, home health services, and hospice care.” 42 U.S.C. § 1395c. Part A benefits include payment for “inpatient hospital services, post-hospital extended care services, home health services, and hospice care.” 42 U.S.C. § 1395d(a). Medicare Part B is supplementary medical insurance. Part B is “a voluntary insurance program to provide medical insurance benefits” for aged and disabled individuals who elect to enroll. 42 U.S.C. § 1395j. Part B benefits include payment for “medical and other health services.” 42 U.S.C. § 1395k(a). Part A and Part B are known as Original Medicare. Federal law refers to the “original medicare fee-for-service program under parts A and B.” 42 U.S.C. § 1395w-21(a)(1)(A). Medicare Part C is commonly known as Medicare Advantage. Congress established the “Medicare Advantage program” under Part C of Title XVIII. Pub. L. No. 108-173, § 201; 42 U.S.C. § 1395w-21. Medicare Advantage lets eligible individuals receive Medicare benefits through private plans rather than only through Original Medicare. See 42 U.S.C. § 1395w-21. Medicare Part D is for prescription drug coverage. Part D eligible individuals may obtain “qualified prescription drug coverage through enrollment in a prescription drug plan.” 42 U.S.C. § 1395w-101(a)(1)(A). Part D […]
