Health Insurance After Divorce in Florida: Your Complete 2026 Guide to COBRA, Marketplace, and Other Options

What Happens to Health Insurance After Divorce in Florida?

When your Florida divorce becomes final, you will lose eligibility for coverage under your spouse's employer-sponsored health insurance plan. This happens because you are no longer considered a qualifying family member once the marriage ends. The coverage loss typically occurs on the last day of the month your divorce is finalized, though some plans terminate coverage immediately upon divorce.

In my experience handling divorce cases across Florida counties, health insurance is one of the most overlooked financial concerns during divorce proceedings. Many clients focus heavily on property division and alimony but fail to plan for the immediate loss of medical coverage. This can be a costly mistake, especially if you have ongoing health conditions or take prescription medications.

The good news is that Florida residents have several options for maintaining health insurance after divorce in 2026. Understanding these options before your divorce is finalized allows you to make informed decisions and avoid gaps in coverage that could leave you financially vulnerable.

COBRA Coverage After Divorce in Florida

Understanding Your COBRA Rights

COBRA, which stands for the Consolidated Omnibus Budget Reconciliation Act, is a federal law that allows you to continue your former spouse's employer-sponsored health insurance for up to 36 months after divorce. This is one of the longest COBRA continuation periods available, as most other qualifying events only provide 18 months of coverage.

To qualify for COBRA coverage after divorce in Florida, your former spouse's employer must have had 20 or more employees on more than 50 percent of its typical business days during the previous calendar year. If the employer is smaller, Florida does not have a mini-COBRA law that extends similar protections, though some smaller employers voluntarily offer continuation coverage.

The COBRA Election Process

Once your divorce is final, you or your former spouse must notify the health plan administrator within 60 days. The plan administrator then has 14 days to send you a COBRA election notice. After receiving this notice, you have 60 days to decide whether to elect COBRA coverage.

Here is a critical point I emphasize to every client: make sure someone actually notifies the plan administrator. I have seen cases where both spouses assumed the other would handle this notification, resulting in missed deadlines and lost coverage rights. Include a specific provision in your marital settlement agreement assigning this responsibility to one party.

COBRA Costs and Considerations

The primary disadvantage of COBRA is cost. You will pay the entire premium plus a 2 percent administrative fee. This means if your former spouse's employer was paying 700 dollars monthly toward a 1,000 dollar premium, you will now pay 1,020 dollars for the same coverage.

Despite the high cost, COBRA makes sense in several situations:

• You have a chronic health condition and want to keep your current doctors
• You are in the middle of a treatment plan or pregnancy
• You only need coverage for a few months until you become eligible for another plan
• The COBRA premium is still lower than comparable marketplace coverage

ACA Marketplace Options for Divorced Floridians

Special Enrollment Period After Divorce

Divorce is a qualifying life event that triggers a 60-day Special Enrollment Period for ACA Marketplace plans. This means you do not have to wait for the annual open enrollment period to sign up for coverage. Your Special Enrollment Period begins on the date you lose coverage from your spouse's plan, not the date of your divorce decree.

To enroll, visit Healthcare.gov or call the Marketplace directly. You will need to provide documentation of your divorce and coverage loss. I recommend having your final judgment of dissolution and a letter from the insurance company confirming your coverage termination date.

Subsidies and Premium Tax Credits

One significant advantage of Marketplace coverage over COBRA is the availability of premium tax credits and cost-sharing reductions. Your eligibility depends on your individual income after divorce, not your combined marital income.

For 2026, you may qualify for premium tax credits if your household income falls between 100 percent and 400 percent of the federal poverty level. Many newly divorced individuals find their post-divorce income qualifies them for substantial subsidies, making Marketplace coverage considerably cheaper than COBRA.

Consider this example: A client who earned 45,000 dollars annually while married to a spouse earning 150,000 dollars had no subsidy eligibility during the marriage. After divorce, her individual income qualified her for tax credits that reduced her monthly premium from 650 dollars to under 200 dollars.

Choosing a Marketplace Plan

Florida's Health Insurance Marketplace offers plans in four metal tiers:

• Bronze: Lowest premiums, highest out-of-pocket costs, best for healthy individuals who rarely need care
• Silver: Moderate premiums and costs, eligible for cost-sharing reductions if income-qualified
• Gold: Higher premiums, lower costs when you receive care
• Platinum: Highest premiums, lowest out-of-pocket costs, best for those with significant medical needs

If your income is between 100 percent and 250 percent of the federal poverty level, choosing a Silver plan unlocks additional cost-sharing reductions that lower your deductibles and copays. This makes Silver plans the best value for many divorced individuals.

Employer-Sponsored Coverage Options

Coverage Through Your Own Employer

If you have access to health insurance through your own employer, divorce creates a qualifying event allowing you to enroll outside the normal open enrollment period. This is often the most cost-effective option because employers typically subsidize a significant portion of the premium.

Contact your HR department immediately after your divorce is finalized. Most employers require enrollment within 30 days of a qualifying event, which is a shorter window than COBRA or Marketplace enrollment periods. Do not assume your employer will automatically know about your divorce or your need for coverage.

New Employment Considerations

If you are not currently employed or your employer does not offer health benefits, seeking employment with health insurance benefits may be a priority. Many Florida employers offer coverage that begins within 30 to 90 days of hire.

In the meantime, you can use COBRA or Marketplace coverage as bridge insurance. Under Florida Statute 61.08, courts may consider health insurance costs when calculating alimony awards. If you need time to obtain employment with benefits, this factor can influence the duration or amount of alimony you receive.

Medicaid Eligibility After Divorce

Florida has not expanded Medicaid under the Affordable Care Act, which limits eligibility primarily to specific categories including pregnant women, children, parents of dependent children with very low incomes, and individuals who are elderly, blind, or disabled.

However, your divorce may change your household composition and income in ways that affect eligibility. If you have custody of children and your post-divorce income falls below Florida's Medicaid thresholds, you may qualify for coverage. Children may qualify for Florida KidCare even if you do not qualify for adult Medicaid.

Applying for Medicaid is free, and I recommend checking your eligibility even if you are uncertain. The application through ACCESS Florida takes about 20 minutes, and there is no penalty for being found ineligible.

Negotiating Health Insurance in Your Divorce Settlement

Including Insurance Provisions in Your Agreement

Health insurance after divorce in Florida should be addressed directly in your marital settlement agreement. Provisions I commonly recommend include:

• Requiring the employed spouse to maintain coverage until the divorce is final
• Specifying who will pay for COBRA coverage and for how long
• Allocating responsibility for notifying the plan administrator
• Including health insurance costs in alimony calculations
• Addressing children's coverage and how premiums will be shared

Alimony and Health Insurance Costs

Under Florida Statute 61.08, courts consider each party's financial resources when awarding alimony, including the cost of health insurance. If you will need to purchase individual coverage after divorce, your attorney can argue this expense should factor into the alimony calculation.

For example, if COBRA coverage will cost you 800 dollars monthly for three years until you become Medicare eligible, requesting bridge-the-gap alimony or durational alimony that accounts for this expense is reasonable. Courts regularly consider health insurance costs as part of a spouse's demonstrated financial need.

Coverage for Children After Divorce

Children's health insurance is handled separately from spousal coverage and typically continues through the employed parent's plan regardless of custody arrangements. Under Florida Statute 61.13, the court must determine how health insurance for children will be provided and may order either parent to maintain coverage.

The cost of children's health insurance premiums is factored into Florida's child support guidelines. If you are ordered to provide coverage, the premium cost is added to your child support obligation. If your former spouse provides coverage, their premium cost reduces their child support obligation.

Florida courts generally require the parent with access to the most cost-effective coverage to provide insurance for the children. If neither parent has affordable employer coverage, the court may order one parent to obtain Marketplace coverage for the children.

Timeline for Health Insurance Decisions

Planning your health insurance transition requires attention to key deadlines:

90 days before divorce is final: Research your options and gather cost information for COBRA, Marketplace plans, and employer coverage.

30 days before divorce is final: If enrolling through your own employer, prepare the necessary paperwork.

Upon divorce: Ensure the plan administrator is notified for COBRA purposes. Your 60-day COBRA election period and Marketplace Special Enrollment Period begin when coverage ends.

Within 30 days: Enroll in employer coverage if available.

Within 60 days: Make your COBRA election or enroll in a Marketplace plan.

Missing these deadlines can leave you uninsured until the next annual open enrollment period, which could mean months without coverage.

Common Mistakes to Avoid

In my practice, I have seen several recurring errors that leave divorced individuals in difficult insurance situations:

Assuming coverage continues automatically is perhaps the most common mistake. Your former spouse's coverage will not continue after divorce regardless of what was verbally agreed. You must take affirmative steps to maintain insurance.

Failing to compare options before deciding costs many people money. COBRA maintains your current coverage, but that does not make it the best choice. A Marketplace plan with subsidies or employer coverage could save you hundreds monthly.

Not accounting for children's medical needs happens when parents focus on premium costs without considering their children's healthcare needs. A child with chronic conditions may need a plan with lower out-of-pocket costs even if premiums are higher.

Missing notification deadlines occurs when divorcing couples do not clearly assign responsibility for notifying the health plan administrator. This should be explicitly addressed in your settlement agreement.

Getting Professional Guidance

Navigating health insurance after divorce in Florida involves coordinating legal, financial, and healthcare decisions. A strategy session with a Florida family law attorney can help you understand how insurance costs might affect your alimony award and what provisions to include in your settlement agreement.

For complex situations involving ongoing medical treatment, disabilities, or significant premium costs, working with both a divorce attorney and a health insurance navigator or broker ensures you understand all available options. Many Marketplace navigators offer free assistance with plan selection and enrollment.

The decisions you make about health insurance during your divorce can affect your financial stability and access to healthcare for years afterward. Taking time to understand your options and plan your transition is well worth the effort.

This article provides general information about Florida divorce law and is not legal advice. Every case is unique. For advice specific to your situation, schedule a consultation with a Florida-licensed attorney.