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Do I Keep The Same Health Insurance While I Divorce?


Many spouses rely on one spouse’s employer benefits for health insurance coverage. Sometimes it is more affordable to enroll in one family plan that covers the whole family. In other situations, one of the people is self-employed and receiving coverage through their spouse’s plan makes more sense than purchasing their own coverage on the insurance exchange.

While it can make sense for both people to be covered under one insurance plan while a couple is married, it may be necessary to detangle insurance coverage in the event of a divorce. While you can be covered under your spouse’s plan while you are divorcing, once the divorce is finalized you may no longer be eligible. Discuss your options and what steps you should be taking now to protect your future with an Orlando divorce lawyer.

Options for Coverage

Many rely on protections under the Consolidated Omnibus Budget Reconciliation Act (COBRA). COBRA allows you to stay on an employee plan but you have to request it within 60 days of losing your eligibility. Plus, it is expensive because the employer is no longer contributing, the person carrying the insurance takes on the entire payment amount.

Some other health insurance options:

  • Request benefit coverage from your own place of employment.
  • Switch jobs or secure a job to connect with a company that offers health insurance benefits.
  • For some individuals, Medicare coverage may be accessed.
  • Look at the Health Insurance Marketplace to compare plans.

Your income level will play a role in some of your choices. For example, if you are not a high earner, you may be able to secure assets in your divorce agreement to help you maintain the level of coverage you need through a plan purchased on the marketplace.

Children Can Remain On Family Plans

If you will be taken off your soon-to-be-ex spouse’s family benefit plan at their workplace, you may be worried about health insurance coverage for your kids, too. Children stay on a family plan in many instances. When both parents agree another solution is a good fit, that may be pursued, but it needs to be clear to all involved.

Many shifts are possible when you divorce. You may need to move, find a job, and secure your own health insurance. The list of things to manage varies from person to person, but there are support resources available. Talk to an Orlando divorce lawyer to help you prioritize what needs to be done and learn about the steps you need to take to protect your financial future today and into the future, including being properly insured.

Are you worried about your health insurance coverage as you navigate the divorce process? There are many details to consider and a legal professional can help. Talk to the knowledgeable family law attorneys at the Donna Hung Law Group to strategize a path forward. Our attorneys will carefully listen to your story. Then, we can determine how to protect you during the divorce process and secure the future you are hoping to achieve. Call us at 407-999-0099 or contact us online to schedule an initial evaluation.