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Steve W. Marsee, P.A. Orlando Divorce Attorney
  • Experienced DIVORCE ATTORNEY

Can You Lose Your Health Insurance After a Florida Divorce?


A divorce comes with a plethora of unintended consequences that many people could not have anticipated when filing a petition. Losing your health insurance is one of these. Unfortunately, many divorcees can lose their health insurance after their divorce is finalized

If you are concerned about the termination of your health insurance benefits due to a divorce, contact an Orlando divorce attorney to discuss your situation and find out what could happen to your coverage after your marriage ends.

When Can You Lose Health Insurance After a Divorce?

The likelihood of losing your health insurance after a divorce in Florida is particularly high for those receiving health insurance benefits through their spouse’s employer. The same can be said about individuals who went for a joint health insurance plan during their marriage.

In these two situations, a divorcee would lose their health insurance after their divorce is finalized. When your insurance is terminated following a divorce, you will no longer be eligible for coverage.

However, under certain circumstances, you can continue using a health insurance plan that would otherwise be terminated following your divorce. Talk to a divorce attorney to review your particular situation and determine the availability of your health insurance after your marriage ends.

What Can You Do if You Cannot Afford to Lose Health Insurance?

There are certain things you can do if you do not want or cannot afford to lose health insurance following a divorce. The go-to option to avoid losing health insurance after a divorce is the Consolidated Omnibus Budget Reconciliation Act (COBRA).

Under COBRA, you can retain your health insurance associated with employment for three years after the termination of the plan. If you opt for COBRA, you can continue using health insurance benefits obtained through your spouse’s employer for three years following the divorce.

However, retaining your health insurance under COBRA comes with certain disadvantages. One of the most prominent ones is that your rate will change because the spouse’s employer will not be paying the monthly premium for your plan.

Thus, it could become too burdensome and costly to keep using this health insurance plan. If COBRA is not an option or you do not qualify to retain your health insurance after the divorce under COBRA, you have two alternative options:

  1. Find a private insurance plan with affordable rates; or
  2. Seek out a plan through your employer.

If you are required to purchase a new health insurance plan after your divorce, and you need financial support in order to retain the new plan, a knowledgeable attorney will be able to implement those costs into your alimony award.

Contact an Orlando divorce attorney to talk about your options for health insurance following your divorce. Our lawyers at the Law Offices of Steve W. Marsee to review your current health insurance coverage and determine whether you could retain the existing plan or would have to purchase a new one. Call at 407-521-7171 to schedule a consultation.

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