Will You Lose Health Insurance During Your Divorce?<\/strong><\/p>\n Not necessarily. If you rely on your spouse\u2019s employer for your health insurance, you are unlikely to lose coverage as soon as you or your spouse files for divorce. In many divorce cases, the court requires the employed spouse to keep their spouse on their health insurance until the divorce is final.<\/p>\n However, once a divorce is finalized, you may no longer be eligible to continue receiving health insurance provided by your former spouse\u2019s employer.<\/p>\n Will You Lose Health Insurance After Your Divorce?<\/strong><\/p>\n There are ways you can remain on your ex-spouse\u2019s employer-provided health insurance even after your divorce is finalized, though these solutions are often temporary.<\/p>\n There is a federal law \u2013 the Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1985 \u2013 that allows employees and their dependents to keep health care coverage for up to 36 months after an event (e.g., divorce) that would otherwise end the coverage.<\/p>\n Under COBRA, insurance providers are required to provide eligible individuals with the same level of health insurance coverage they had during the marriage. Divorced spouses of those who receive employer-sponsored health insurance usually have 60 days from the date of the divorce to apply for COBRA coverage.<\/p>\n While it may seem that signing up for COBRA is the right decision, you should consider the downsides of COBRA-provided coverage:<\/p>\n However, there may be more cost-effective alternatives to COBRA coverage, which is why it is essential to discuss your case with a knowledgeable attorney. Your attorney can help you negotiate an agreement regarding health insurance with your spouse, such as requiring your soon-to-be-former spouse to pay for your health insurance either partially or in full after the divorce.<\/p>\n What Happens to Your Children\u2019s Health Insurance After a Divorce?<\/strong><\/p>\n If your divorce involves minor children, you need to understand whether or not your children will remain on your former spouse\u2019s health insurance after the divorce is final. In many Florida divorces, the spouse who is ordered to pay child support is also required to pay for the children\u2019s health insurance until they turn 18. Fla. Stat. \u00a7 61.13 provides that the payor can be required to pay for the child\u2019s health insurance as long as it is \u201creasonable in cost and accessible to the child.\u201d<\/p>\n Consult with our divorce attorney Rania Arwani to discuss your rights and options during divorce proceedings in Orlando. Schedule a free case evaluation by calling 407-254-0060.<\/p>\n\t\t\t\n
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