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Steve W. Marsee, P.A. - Attorney At Law
Experienced Family Law Attorney
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Can You Maintain Health Insurance After a Divorce?

Divorce1

Going through a divorce can be disruptive in many different ways. Beyond the obvious, some couples also have to deal with challenging logistical or financial issues that most people may not immediately consider. For example, going through a divorce has the potential to affect a person’s health insurance coverage. Certainly, if you obtain your health insurance in the individual market, through the government, or through your employer, then you will not lose your coverage because of your divorce.

However, if you get your health insurance coverage through the employer of your spouse, you will not be able to remain a dependent after the divorce. This fact can be both stressful and unnerving. The good news is that you do have options available. In this post, our experienced Orlando divorce lawyer provides general guidance for people who are going through divorce but are currently getting their health insurance coverage through their spouse.

Are You Losing Your Health Coverage Because of a Divorce? Understand Your Options  

  1. Sign Up for Coverage Through Your Employer

Some people choose to go on the health insurance plan of their spouse, in spite of the fact that their own employer also offers a health plan. If you are on your partner’s health insurance plan, but your company also offers health insurance coverage, it is time to change plans. 

  1. Buy an Insurance Plan or Apply for a Government Subsidized Policy

You may need to purchase a health insurance plan on the open market. Depending on your income and overall financial status, you may be entitled to a government subsidized health insurance plan. If you lose coverage due to a divorce or an impending divorce, that qualifies as a ‘significant life event’. As such, you are still eligible to apply for plans and subsidies even if the open-enrollment period has already passed. 

  1. Keep Your Current Coverage Through COBRA

Finally, you likely have the option to keep your current health insurance coverage. Specifically, through a federal law known as the Consolidated Omnibus Budget Reconciliation Act (COBRA), family members who lose group health coverage due to a divorce can still buy-in to the same plan for the next 36 months. If your plan is subject to COBRA regulations, or the similar Florida state regulations, this may be your best available option. 

Negotiate for Compensation in Divorce Proceedings  

If you were relying on your spouse’s health coverage, and you are now getting divorced, you should not be made to bear the sole burden of your increased insurance costs. This is an issue that should be addressed in your divorce settlement proceedings. You may be entitled to financial relief to offset any additional costs that you are forced to endure because of your divorce. 

Contact Our Central Florida Divorce Attorney Today 

At the Law Offices of Steve W. Marsee, P.A., our compassionate divorce lawyer has considerable experience handling complex family law cases. If you have any questions about divorce and health insurance, we can help. Please do not hesitate to call our legal team today at 407-521-7171 for immediate assistance. From our Orlando office, we handle divorce cases throughout Orange County, including in Apopka, Maitland, and Winter Park.

Resource:

dol.gov/general/topic/health-plans/cobra

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