Will I Lose Health Insurance Coverage If I Get A Divorce In Fort Lauderdale?

When getting a divorce in Fort Lauderdale, a significant concern for many people is what will happen to their health insurance. Losing coverage isn’t just inconvenient if you rely on a spouse’s plan. It’s a major financial worry.

Between rising premiums and limited options, the thought of being uninsured can add anxiety to an already overwhelming situation. Our experienced Fort Lauderdale divorce attorney explains how Florida law applies and what you can do to protect yourself and your healthcare access.

Losing Health Insurance Is A Common Concern When Getting a Divorce in Broward County

Health insurance is not something courts divide in a divorce. Whether covered under an employer-provided policy or by insurance purchased through the ACA Marketplace, former spouses generally cannot remain on an ex’s healthcare plan, even if their former partner is willing.

Here’s what typically happens, depending on your situation:

• Covered by Spouse’s Employer Plan: Coverage ends when the divorce is final.
• Covered by a Marketplace plan: Getting divorced qualifies for a Special Enrollment Period. You must report any changes in marital status and generally have 60 days to enroll in a new Marketplace plan.
• Children on a Family Plan: They usually can stay on either parent’s insurance, depending on the custody and support agreement.

If insured through your spouse’s policy, the Consolidated Omnibus Budget Reconciliation Act (COBRA) allows you to continue coverage up to three years after a divorce. However, you must pay the full premium plus administrative fees.

How to Protect Your Health Coverage During and After A Fort Lauderdale Divorce

Health insurance shouldn’t be an afterthought when getting a Fort Lauderdale divorce. Instead, it needs to be addressed by your divorce attorney from the start and included as part of your overall divorce strategy.

You have options, but they require timely action. Here’s how to approach it:

• Address Health Insurance in the Settlement: Negotiate coverage options, premium-sharing, or reimbursement for out-of-pocket costs.
• Plan for COBRA: Understand deadlines and costs, and budget accordingly if you plan to use it.
• Look into the ACA Marketplace: You may qualify for subsidized coverage based on your new household income.
• Include Health Insurance Coverage in Spousal Support Negotiations: Ask your attorney if higher alimony could offset new insurance costs.
• Secure Coverage for Children: Clarify who will carry insurance, and how unreimbursed medical costs get split.

Remember to update healthcare proxies and powers of attorney, as an ex-spouse has no legal authority to make medical decisions on your behalf post-divorce, unless you say otherwise.

Contact Our Experienced Fort Lauderdale Divorce Attorney Today

Losing insurance coverage after a Fort Lauderdale divorce is not only costly, but can be hazardous to your health. At The Law Office of Sandra Bonfiglio, we help clients build comprehensive divorce agreements that account for short-term needs and long-term protection, including health insurance.

If you’re worried about becoming uninsured, don’t wait. Call or contact our experienced Fort Lauderdale divorce attorney online today. Request a consultation to discuss how we can help you stay covered.

Sources:

healthcare.gov/reporting-changes/which-changes-to-report/

dol.gov/agencies/ebsa/laws-and-regulations/laws/cobra