Health Insurance After Divorce in Florida: Every Option Explained
Losing health insurance coverage is one of the most immediate and stressful consequences of divorce. If you are currently covered under your spouse's employer plan, that coverage ends when the divorce is finalized. In Florida, you have several pathways to maintain coverage — COBRA, the ACA marketplace, employer plans, and Medicaid — but each has different costs, deadlines, and eligibility rules. Missing a deadline can leave you uninsured.
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Talk to AI AdvisorCOBRA: Continuing Your Spouse's Coverage
COBRA (Consolidated Omnibus Budget Reconciliation Act) allows you to continue coverage under your spouse's employer health plan after divorce. It is the simplest option — but also the most expensive.
How it works
Divorce is a qualifying event under COBRA. You can elect to continue the exact same health plan you had during the marriage — same doctors, same network, same benefits.
Duration
COBRA coverage lasts up to 36 months after divorce (longer than the 18-month period for job loss). This gives you substantial time to find permanent coverage.
Cost
You pay the full premium (both the employer and employee portions) plus a 2% administrative fee. This typically costs $600-$2,000+ per month for individual coverage. Many people experience sticker shock.
Enrollment deadline
You have 60 days from the date the divorce is finalized (the qualifying event) to elect COBRA. If you miss this deadline, you permanently lose the option.
Who qualifies
COBRA applies to employer plans with 20 or more employees. If your spouse works for a small employer, check whether your state has a 'mini-COBRA' law that provides similar protections.
ACA Marketplace (Obamacare)
Divorce triggers a Special Enrollment Period
You have 60 days from your divorce date to enroll in an ACA marketplace plan. You do not need to wait for open enrollment.
Check for premium subsidies
If your post-divorce household income is between 100% and 400% of the federal poverty level, you may qualify for substantial premium tax credits that reduce your monthly cost significantly.
Compare plans carefully
Bronze plans have the lowest premiums but highest out-of-pocket costs. Silver plans offer the best balance and may include cost-sharing reductions. Gold and Platinum plans have higher premiums but lower deductibles.
Enroll at Healthcare.gov or your state exchange
Visit Healthcare.gov (or your state's exchange if Florida operates its own) with your divorce decree, proof of prior coverage, and income documentation.
Employer-Sponsored Coverage
If you have your own employer, divorce creates a qualifying life event that allows you to enroll in your employer's plan outside of open enrollment.
- ✓Notify your HR department immediately — you typically have 30 days from the divorce to enroll
- ✓Employer plans are usually the most cost-effective option since the employer pays a portion of the premium
- ✓Compare the employer plan's network, deductibles, and coverage to COBRA and marketplace options before choosing
- ✓If you were not previously enrolled in your employer's plan, you can now enroll as a new participant
- ✓Document the divorce date clearly — your employer will need it to process the special enrollment
Children's Health Coverage
Children can stay on either parent's plan
Under the ACA, children can remain on a parent's health plan until age 26, regardless of the divorce. The divorce decree should specify which parent carries the children's insurance.
Court-ordered coverage
Courts routinely order one parent (typically the one with the better employer plan) to maintain health insurance for the children. This is often built into the child support order.
Uninsured medical expenses
Expenses not covered by insurance (copays, deductibles, orthodontia, therapy) are typically split between parents, often proportional to income. Specify the split in your settlement agreement.
CHIP and Medicaid for children
If neither parent has affordable employer coverage, children may qualify for CHIP (Children's Health Insurance Program) or Medicaid based on the custodial parent's income.
Negotiating Insurance in Your Settlement
- ✓Request that your spouse maintain you on their plan for as long as legally possible (until the divorce is finalized — not the separation date)
- ✓Negotiate that COBRA premiums be included as part of the spousal support calculation
- ✓In Florida, courts can order one spouse to pay for the other's health insurance costs as part of alimony
- ✓If you have a chronic condition or ongoing treatment, COBRA may be worth the cost to maintain continuity of care with your current providers
- ✓Factor insurance costs into your overall settlement — a spouse who takes less in property but gets insurance paid may come out ahead
- ✓For spouses approaching age 65, consider the timing of divorce relative to Medicare eligibility to avoid coverage gaps
Every situation is different
Do not risk a gap in health coverage. Tell our AI advisor about your current insurance situation and income, and we will help you find the best option in Florida.
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Legal Disclaimer: This article covers Florida divorce law for general informational purposes only and does not constitute legal advice. Laws change frequently. Always consult a licensed Florida family law attorney for advice specific to your situation.