312-332-2915 Email Us
blog home Divorce Divorce and Obamacare: Are They Linked?

Divorce and Obamacare: Are They Linked?

By Leslie Fineberg on April 10, 2014

Chicago Divorce LawyersThe open enrollment period to sign up for healthcare coverage under the Affordable Care Act (ACA) has passed and millions of Americans were able to sign up before the deadline. Notable provisions in the ACA provide tax credits to subsidize premiums if you are married and filing jointly on your taxes.

But what if your spouse left, you do not know where he or she is, and you have been filing your taxes as “married but filing separately,” on your return because you are not officially divorced?

Under well-defined criteria, if you have children you are caring for, you can file as “head of household” and still receive the tax credits. But if you have no children and are still legally married, you may simply be out of luck when it comes to receiving tax credits under Obamacare.

If you want to be eligible for a health insurance tax credit, you must get a divorce. But, how do you get a divorce if your spouse is nowhere to be found and you cannot serve divorce papers?

Under Illinois Law, it is possible to get divorced even if you don’t know where your spouse lives.  If you cannot find your spouse to serve divorce papers, you may serve them “by publication.” You can do this by publishing a notice in a local newspaper. You will need to check with your county’s Circuit Clerk to find out which newspaper you need to publish your notice in. You must also prove to the court that you made a good effort to find your spouse and that you questioned his or her family members, friends, and colleagues as to his or her whereabouts.

Hopefully, you signed up for coverage under ACA before the open enrollment deadline passed. Say your divorce goes through in June of this year: if you are not covered, you will not qualify for a special enrollment period to get insurance outside of open enrollment. However, if you are covered under an ACA plan and your divorce goes through you can take advantage of the special enrollment period and claim your subsidy.

The process of finding a missing spouse and serving divorce papers can be complicated. The family law attorneys at Nottage & Ward in Chicago urge you not to go through this process alone and to seek our help. If you have any questions about the process or wish to proceed with serving divorce papers, call us at (312) 332-2915 or contact us online today.

Related Articles:

Posted in: Divorce

We are proud sponsors of Little Black Pearl Art and Design Center.

To learn more, click here.

Proud Member of Friends of the Chicago River.

To learn more, click here.

Client Reviews

5 Leslie has been the strongest representation I could ask for

Leslie has been the strongest representation I could ask for in a very complicated, emotional matter. She has continuously looked out for my best interest and the best interest of my son. She is always prompt in getting back to me and in keeping me well informed about my case.

Read More Client Reviews

We have the experience.

We are knowledgeable about financial issues. We are experienced in child custody problems and sensitive to the overall needs of the client.

We have the experience to negotiate complex financial issues. The brain trust to maneuver contentious divorce litigation. And the sensitivity and skill to resolve highly charged custody issues.

Contact Us

Where We

Our practice is concentrated in Cook, DuPage, Lake, Will, Kankakee and McHenry counties.

Nottage and Ward, LLP  | 
10 N. Dearborn, 11th Floor, Chicago, IL 60602

Chicago Illinois Divorce Attorney Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee. Please contact an attorney for a consultation on your particular legal matter. This web site is not intended to solicit clients for matters outside of the state of Illinois.

Site design by Two by Four.
Build and Marketing by SLS Consulting | Blog Sitemap