Skilled And Personalized Family Law Services

Is your health insurance at risk during your divorce?

On Behalf of | Mar 9, 2020 | Divorce |

Because medical care is often expensive, health insurance is a necessity for virtually all Floridians. For a variety of reasons, employers regularly offer coverage to both employees and their family members. Regardless of whether your employer offers coverage, you may have elected to enroll in your partner’s company’s plan. 

During winter and early spring, during peak flu and RSV season, you are likely taking steps to keep yourself healthy. Fortunately, if you do become ill, you have health insurance that allows you to seek effective medical treatment. Of course, if your insurance coverage is through your spouse’s employer, you may wonder if your health insurance is at risk during your divorce.

COBRA Coverage 

You likely do not have to worry about losing coverage immediately simply because of your divorce. In fact, federal law requires most company plans to continue to extend health care coverage to a divorced spouse for up to 36 months. This law, known as COBRA, should put your mind at ease. Still, your premiums may rise considerably. That is, the employer does not have to continue to offer the same discounts, incentives or rates to you after your divorce. 


Health care coverage is ripe for negotiation when finalizing a divorce settlement. As such, you may be able to get your soon-to-be ex-spouse to pay for your coverage for a certain period of time. Alternatively, if your partner is not in the mood to negotiate, you may be able to use his or her history of providing insurance coverage as leverage in seeking additional spousal support. Either way, because health insurance tends to be expensive, advocating for both your health and your financial interests is essential.

Even if you are healthy, you may eventually sustain an injury or acquire an illness. While your partner’s health care coverage gave you peace of mind during your marriage, your divorce likely requires you to rethink your health insurance. Fortunately, you have options for ensuring that you can continue to afford medical care.