What Happens to Your Health Insurance When You Divorce in Fort Lauderdale

Health insurance costs keep increasing, making it a crucial factor in a Fort Lauderdale divorce. If you currently have coverage through your spouse’s plan, it’s important to understand your options well before you get a final order.

Our experienced Fort Lauderdale divorce lawyer explains how divorce impacts health insurance policies and how to include the cost of coverage in your divorce settlement.

Health Insurance Coverage in a Fort Lauderdale Divorce

When it comes to health insurance, getting a divorce in Fort Lauderdale is a “qualifying life event,” meaning you can be dropped from coverage. However, Florida residents have two primary continuation options.

Federal COBRA applies to employers with 20 or more employees and provides continued coverage for up to 36 months. Under Section 627.6692 of the Florida Statutes, there is also a mini-COBRA law, which applies to smaller employers. Here’s what you need to know about each:

• Federal COBRA allows a divorced spouse to continue coverage for up to 36 months at up to 102% of the full group premium.
• Florida Mini-COBRA provides up to 18 months of coverage, or 29 months if you become disabled, at up to 115% of the group premium rate.
• For Federal COBRA, you must notify the plan administrator within 60 days of the divorce.
• Under Florida Mini-COBRA, you must notify the insurance carrier directly within 30 days.
• Missing the election deadline under either program means you lose your right to continuation coverage.

The ACA Marketplace is another option. Divorce triggers a 60-day Special Enrollment Period, allowing you to enroll outside the standard window.

Making Health Insurance Part of Your Fort Lauderdale Divorce Settlement

With increasingly high health insurance costs, it’s important to address coverage in a Fort Lauderdale divorce settlement. Under Florida Statute Section 61.08, courts consider each spouse’s financial resources and needs when determining alimony, and the cost of replacing employer-sponsored health coverage is a legitimate financial factor. Under Section 61.13, the court must also address how health insurance for the children will be provided and can order either parent to pay for it.

To protect your rights to coverage, take these practical steps:

• Find out exactly when your current coverage under your spouse’s plan ends.
• Request information about COBRA costs from your spouse’s employer plan.
• Consider whether COBRA, Marketplace coverage, or an employer plan through your own job offers the best combination of cost and benefits.
• Factor the monthly cost of your post-divorce health insurance into your alimony and property settlement negotiations.
• Ensure your children’s health insurance coverage is specifically addressed.

In addition, ask your divorce lawyer to include a temporary order requiring your spouse to maintain your health coverage until the final judgment is entered.

Consult Our Experienced Fort Lauderdale Divorce Lawyer Today

With the high costs of health insurance, it’s important to consider how a Broward County divorce will impact your coverage. At Vanessa L. Prieto Law Offices, we explain your options and help offset increased costs in your divorce settlement. Reach out today and request a consultation with our experienced Fort Lauderdale divorce lawyer.

Sources:

dol.gov/general/topic/health-plans/cobra

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.6692.html