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Can I Remain On My Ex-Spouse’s Health Insurance?


While you can remain on your spouse’s insurance if you are not living together, you are not able to remain on their health plan once your divorce is finalized. This could mean that you remain on a policy during a separation but need to find new health insurance once you divorce, for example.

Many Florida families have their healthcare needs covered by one spouse. This is common when a person’s place of employment offers a family plan and the employee, their spouse, and their children all enjoy the benefit. But if you are on your spouse’s plan and will be divorcing soon, you are going to have to find another way to protect your healthcare needs. If you need to purchase a policy, that expense could be negotiated within a divorce agreement. To fully understand your options, connect with a Tampa divorce attorney.

When Will I Be Removed from the Health Plan?

Unless your spouse makes a change on their own, you will be covered on their plan through the divorce process but will no longer be eligible for the coverage once your divorce is complete. At this stage, some turn to Consolidated Omnibus Budget Reconciliation Act (COBRA) coverage. This can be a good short term solution, but you need to pay for it out of pocket (there is no employer support) and the paperwork needs to be filed within 60 days of you becoming ineligible for the employer supported plan. COBRA is typically not a long term solution as it is an expensive option.

Other health insurance solutions:

  • Talk to your own employer about health insurance plans
  • If your current employer does not offer health insurance or you are not employed, look for a job that does provide health insurance
  • Investigate the plans available on the Health Insurance Marketplace
  • Explore Medicare, if you are eligible for this government benefit

Each situation has its own factors to consider. An individual who has no health conditions may find one solution more appealing while a person in the middle of a treatment plan may opt for another.

Are My Kids Still Insured?

Children are able to remain on a family plan. In fact, this is often included in a parenting agreement, that the spouse who has been providing the kids with health insurance will continue to do so.

It is important you understand how being removed from your spouse’s health plan will impact your finances. After all, you may need to secure other assets to ensure you can afford to move past the divorce with confidence. A Tampa divorce attorney has the qualifications to negotiate on your behalf.

Are you moving toward divorce but you rely on your spouse’s employee sponsored healthcare coverage? The legal team at Blair H. Chan, III can help. We have extensive experience in developing a path forward and are skilled negotiators who can secure what is important to you, including financial support for health coverage. If you have questions about what options you have as you start the divorce process, call 813-202-7831 to schedule a consultation.

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