WE ARE AVAILABLE to meet clients and prospective clients by telephone and video conferencing, using either Zoom or Facetime. We are also available in person, whatever works best for you! We will continue to assist you in any way we can. Please do not hesitate to call our office and let us know how we can help.

Fort Myers Family Law Attorneys
Contact Us

Who keeps the health insurance when you divorce?

On Behalf of | May 21, 2020 | Divorce Mediation |

Divorce can be a difficult process for any couple. How many people stop to think about their health insurance while their marriage is falling apart, however? They should. This is especially the case if one-half of a divorcing couple is on their soon-to-be ex’s health insurance plan. That coverage may come to an end once a divorce is finalized, and purchasing private insurance can be very expensive.

Laws regarding what happens with health insurance once a couple divorces vary by jurisdiction. Employers in some states are required to keep an employee’s former spouse on their employee’s health insurance plan for some time after their divorce is finalized. Other states only require an employer to leave a worker’s ex-husband or wife on the plan for a short time after the marriage comes to an end.

The Consolidated Omnibus Budget Reconciliation Act (COBRA) allows a person to remain on their former spouse’s health insurance plan for up to 36 months post-divorce. The non-employee spouse has to pay monthly premiums for such coverage though. The insurance cost may be more than what it was pre-divorce. It, therefore, may make sense for any spouse that is in peril of losing coverage to see what options are available to them under the Affordable Care Act.

A non-employee spouse has to essentially readdress their health insurance situation privately when they get a divorce. They have to learn to manage other financial concerns including paying a mortgage or rent and utility costs or making car payments as well. Medical expenses are another expenditure that must also be factored into a divorcing spouse’s budget.

If you’re getting divorced here in Florida, then you must think of your health insurance as a potential marital asset. Not properly planning for your health care needs and other budgetary concerns post-divorce could lead to some dire financial consequences. A divorce mediation attorney can help you negotiate a settlement that will allow you to transition more smoothly into your new life without you having to worry about how you’re going to take care of your basic health coverage needs.


  • The Florida Bar | Board Certified | Marital & Family Law
  • Super Lawyers
Photo of Professionals at Thompson Family Law
FindLaw Network