subject: Health Insurance In A Florida Divorce [print this page] When you are separating from your spouse, there are many financial issues that need to be considered. One of the most important for many people is the issue of health insurance. Health insurance is a significant expense for most people, especially if coverage through an employer is not available. As such, if one spouse was receiving health coverage from the other spouses work insurance plan, this issue will need to be considered and addressed in a divorce situation. An experienced Florida divorce lawyer can provide detailed information on how the issue of health insurance should be handled.
Florida Divorce and Health Insurance
In many cases, when a couple divorces, someone who is receiving health insurance coverage from his/her spouses health insurance will no longer be considered a relative for purposes of insurance coverage. This means that the person cannot just stay on the employers plan and continue to have help from the employer in paying the premiums. In some cases, however, coverage may continue under COBRA. This would mean that the divorcing spouse would be able to continue to obtain insurance through the employer/group plan still, even after the divorce.
In order to take advantage of COBRA insurance, it is required that the employer be notified within 60 days. If all requirements are met, the employer must continue to extend coverage under the group plan, if the employer is covered by COBRA. Typically, employers who have more than 20 employees are covered.
It is important to realize, however, that although you may continue to receive coverage under COBRA after a Florida divorce, any premiums that were being subsidized by the employer may fall on your shoulders after the divorce. In other words, youll now have to pay for the entire cost of your insurance- albeit at the discounted rate made available by the group plan.
Health Insurance and Children
Although you cannot continue to receive full coverage under your spouses plan unless you elect COBRA coverage, it is typically possible to require that your spouse continue to provide coverage to your children. This should be written into the divorce agreement and the person responsible for providing the insurance to the children should check with his or her plan administrator to learn the requirements for keeping coverage for kids in the event of a divorce.
It is very important that everything be in writing when it comes to the provision of insurance for children in a divorce situation. This way, if the spouse changes jobs or his/her circumstances change, it will be in writing who is responsible for providing healthcare coverage for the kids.
Getting Legal Help
Health insurance is a very complicated issue in divorce and needs to be factored in whenever you are negotiating your own divorce settlement or otherwise ending your marriage. An experienced Florida divorce lawyer can help to ensure that you protect your legal rights and your legal interests when it comes to health insurance so that you have the coverage you need even after your marriage ends.
by: Jeff Miller
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