What If I Want to Stay on My Spouse’s Insurance?

Health insurance is a critical consideration during and after divorce, as losing coverage can leave individuals vulnerable to medical and financial challenges. While you generally can’t stay on your spouse’s health insurance plan after a divorce is finalized, there are strategies to employ if you are experiencing insurance concerns. Have a conversation with an Orlando family lawyer about your unique circumstance.

Staying on During a Separation and Exploring Alternatives

In Florida, couples who are legally separated often still have options for maintaining health insurance coverage under one spouse’s plan. Many health insurance providers allow coverage to continue during separation until the divorce is finalized. This can be a valuable lifeline for individuals needing time to arrange alternative coverages.

But before making an assumption, it’s important to check the specific terms of your spouse’s health insurance plan. Some employer-provided policies may have stipulations about coverage during a legal separation, and communication with the insurance company is key to be sure you understand how long your coverage lasts and when it ends.

Once the divorce is finalized, most health insurance plans will no longer cover the non-employee spouse. But under the Consolidated Omnibus Budget Reconciliation Act (COBRA), a spouse who loses coverage due to divorce may be eligible to remain on their ex-spouse’s employer-sponsored health insurance for up to 36 months.

COBRA coverage is a temporary solution and it’s often expensive, this is because the individual is typically responsible for the full cost of the premium. This could be negotiated into the divorce settlement, with the higher-earning spouse potentially covering the cost for a set period. Health insurance coverage is commonly negotiated in a divorce settlement in the following ways.

• Spousal support. If one spouse earns significantly more or has a more secure job with access to health insurance, spousal support payments may be negotiated to help the other spouse afford their own health insurance.
• Settlement provisions. In some cases, the higher-earning spouse may agree to pay for private insurance for their ex-spouse as part of the settlement.
• Asset division. Health insurance considerations can factor into the broader financial division of marital assets, ensuring the spouse without employer-sponsored coverage is protected.

For some couples, a long-term separation rather than a finalized divorce may be a viable solution if maintaining health insurance is truly a top priority. Remaining legally married allows the lower-earning spouse to stay on the other’s insurance plan, though this requires a mutual agreement and ongoing cooperation.

Share Your Specific Situation with an Attorney

An experienced Orlando family lawyer has the skills to evaluate your circumstances and advocate for a settlement that addresses your healthcare needs. Whether negotiating spousal support, exploring COBRA coverage, or pursuing alternative solutions, lawyers are available to protect your rights and secure your future.

Is health insurance coverage a worry of yours and you move to separate from your spouse? Share your worries with the skilled attorneys at Donna Hung Law. There may be a solution you have not yet considered. Call 407-999-0099 or contact us online.