FLORIDA DIVORCE AND ITS IMPACT ON INSURANCE
A Florida divorce will impact medical insurance coverage. During a marriage, one spouse might provide medical coverage for the family through his or her employer. The employer will subsidize a portion of the premium. After the divorce is finalized, the spouse who did not provide coverage will be denied medical coverage through the former spouse’s family plan.
If a spouse has his or her own private plan or a separate plan through their employer, (neither plan being a family plan) a divorce will not impact your continued coverage.
A former spouse has no legal duty to continue providing medical coverage for an ex-spouse. However, during settlement negotiations, a spouse can agree to provide financial assistance to the other spouse to secure a new medical plan.
WHAT CAN AN UNCOVERED EX-SPOUSE DO FOR INSURANCE? COBRA OR PRIVATE COVERAGE?
Once the divorce is finalized, one spouse will lose their coverage under the former spouse’s family plan. The former spouse will have the following options:
- A policy through your employer; or
- Private insurance coverage; or
- A COBRA plan. COBRA is a federal law that allows individuals to keep their medical insurance policy after it would normally be terminated. However, COBRA is expensive to maintain (the former spouse searching for new coverage must pay the entire premium without his or her former spouse’s employer subsidizing any portion) and may not be available. COBRA applies to health plans provided by companies that employ at least 20 people and it does not apply to federal government jobs or religious organizations.
Your coverage under COBRA will last 36 months. After your divorce is finalized, you must provide written notice to the plan administrator within 60 days advising the administrator you intend to continue coverage under COBRA or terminate it.
If you need strong, experienced counsel to represent your interests, please feel free to call or e-mail The Fuller Firm, LLC. Kevin A. Fuller will schedule a free telephone or videoconference consultation. After a thorough analysis of your case, I will answer your questions and advise you regarding the best way to proceed.