There are many things to consider during divorce, and maintaining health insurance coverage should be a priority, especially if children are involved. Often, one spouse has health insurance through his or her employer and the other spouse and children are covered under a family plan. Although a non-primary spouse may be permitted to remain on a family policy during divorce proceedings, after the divorce, the former spouse is no longer eligible to remain on the same health insurance policy and will be dropped by the insurance company. While your health insurance company may permit you to drop your spouse during divorce proceedings, please be aware that if you file for divorce in Orange or Osceola County you will be subject to a standing temporary Administrative Order No. 2004-05-03, which will preclude you from changing any insurance policies except by written agreement signed by both parties or order of the court. Upon your divorce, your spouse may be eligible for COBRA coverage (Consolidated Omnibus Budget Reconciliation Act). COBRA is a federal law which provides health insurance to anyone going through a divorce or legal separation from an employee that is currently covered by a health plan through a private-sector employer with 20 or more employees, employee organizations, or state or local governments. A former spouse wishing to take advantage of COBRA must contract the primary spouse’s health plan administrator within sixty days of the divorce. COBRA is expensive, however, and expires after 36 months or upon remarriage. For additional information you may contact EBSA at 1.866.444.EBSA (3272) or contact our Central Florida divorce attorneys in Orlando for an initial consultation!