Although there are exceptions, most married couples fall under the same insurance plan.

What happens to insurance if the couple then goes through a divorce?

Is each party then responsible for their own insurance, or is there a way to continue coverage on a spouse’s plan?

Are there other alternatives for disadvantaged spouses who may not have access to insurance?

Here is some advice on how to manage your insurance plans after divorce, including when and how to find new insurance if you will no longer be covered after divorce.

Health Insurance After Divorce

If you were covered under your spouse’s insurance plan during the marriage, you can attempt to maintain coverage under your spouse’s workplace plan through COBRA.  This means that you can continue the employer group insurance but you have to pay the premium plus an administrative fee to the insurance plan.  This may be costly. You may be better off paying for private health insurance.  Alternatively, you can seek insurance through your own employer, the health insurance plan marketplace, or you can apply for Medicare or Medicaid (depending on your age). Note that your children may still be covered under your spouse’s plan, but you may be required to help cover a portion of it as part of child support.

Homeowners Insurance After Divorce

If you and your spouse are both planning to stay on the title for your home until after the kids grown, it is recommended that you both remain listed on the homeowner’s insurance policy. However, if you will be taking ownership of the home, then your spouse would be removed from the plan.  Alternatively, if you are renting and your spouse is taking ownership of the home (or it is being sold), you might want to consider renter’s insurance to protect your property in the event of a fire or another catastrophic event.

Life Insurance After Divorce

Life insurance is one of the most commonly overlooked insurance types, but it can also be the most critical – especially if you and your spouse share minor children.  An important aspect to consider is whether your spouse should have a life insurance policy to cover child support or alimony payments that may go unpaid, should something happen to your spouse before the term of the agreement has ended or the children reach majority.  I always discuss these options with my clients that are receiving child support and/or spousal support.  It is better for the beneficiary to hold the policy, that way it is protected from accidental (or intentional) lapses.

Divorce is a complex process, with many factors and aspects to consider.  I can help you navigate through this process. With over 24 years of experience, I have the knowledge and skills to assist with even the most contentious of cases. Schedule your consultation with Debora A. Diaz, Esq.

Know your rights.  To discuss divorce or other family law matters call Debora A. Diaz at 727-846-1802.

Written by Debora A. Diaz, Esq.

Practicing Divorce and Marital Law since 1995.  Serving New Port Richey, Trinity, Wesley Chapel in Pasco, Pinellas, Hernando and surrounding counties.

If you are considering a divorce, there are a several things about divorce for Florida residents that you should know before consulting your attorney.  These tips will save you both time and money.

One: Requirements for Florida Divorces

If you or your spouse has decided to file for divorce in Florida, at least one of you must be a resident of the state or a member of an armed force stationed in the state. If both you and your spouse agree that the “marriage is irretrievably broken,” and there should be a divorce, you can agree in writing to end the marriage.  If one of you denies that the marriage is broken beyond repair or you have a child, the court has the authority to order counseling with a marriage counselor, priest or rabbi, or psychologist for up to three months.  Although it is rare that the court orders counseling.

Two: How to Begin the Process of Divorce for Florida Residents

Also called a “dissolution” of the marriage, Florida divorces legally begin when you or your spouse files a “Petition for Dissolution of Marriage” with the local circuit court.  After the other spouse is served with the summons and paperwork the spouse has 20 days to respond.  If both you and your spouse agree on how to divide property and debt the divorce can be finalized without a trial.  If you have minor children the parties also must agree on child-support, time-sharing and a Parenting Plan.  The agreement and Parenting Plan must be in writing and signed by both parties.  The Court must approve the Parenting Plan.  If the parties cannot agree, the court will assign a time for a hearing.

Three: Marital Assets

Any assets and debts acquired during the marriage are referred to as “marital assets,” and will be divided “equitably,” or fairly, upon divorce.  Any assets you had prior to the marriage may be considered “non-marital assets” if they were kept separated from property acquired during the marriage.  You and your spouse can each retain your non-marital assets.  Note that sometimes non-marital assets can have a marital component if they were co-mingled and/or used as collateral in the marriage.

Four: Dividing of Marital Property

Judges will divide assets equally, unless there is a basis for unequal distribution. The judge will consider both you and your spouse’s economic circumstances and the contributions each of you made to the marriage (including care for children and your marital home). If either you or your spouse wants to keep your marital home to live in with a child from the marriage, that may also be a factor for unequal distribution.

Five: Alimony

Alimony is an extension of the obligation for spouses to support each other financially during the marriage.  Under divorce laws in Florida, a court can order alimony based on factors under Florida Statutes. Factors the courts will look at include: the standard of living during the marriage; the length of the marriage; and the age, physical condition and emotional condition of each spouse; the financial resources of each party; the earning capacities, educational levels and employability of the parties; the contribution of each party to the marriage; the responsibilities each party will have with regard to any minor children; the tax treatment and consequences of any alimony award; all sources of income available to each party; and any other factor to do equity and justice between the parties.

Six: Primary Residence

If you and your spouse cannot come to an agreement on the primary residence of the child, the court will make a decision based on what is in the “best interests” of the child. Unless there is a reason that it would be detrimental to your child’s upbringing, the court will usually grant shared responsibility. Sometimes the court will give one parent responsibility over specific aspects of a child’s welfare, such as primary residence, education or medical care. The court will consider the moral fitness of you and your spouse as parents, your abilities to provide for the child, the mental and physical health of the parents, the home, school and community record of the child, and the length of time the child has lived in a stable, satisfactory environment among several other factors.

Seven: Child Support

Divorce laws in Florida include child support guidelines that judges use to figure out the support needed for a child and how much each parent has to pay. The court looks at both parents’ incomes and the child’s health and child care costs.  Florida’s standard needs table lists support amounts based on the child’s age and the parents income.

Eight: Documents You Will Need

The court will need to know about all of your assets in order to divide them.  Both parties are required to file financial affidavits listing all income, assets and liabilities.  Make copies of tax returns, bank statements, mortgage documents and any other financial information that you have access to.   This will save you time and money down the road.  You should also take inventory of your major household and family possessions. A detailed household budget will help your lawyer as well as the court determine how much temporary support can be paid.

Nine: Debts

Any debt incurred before the marriage, such as educational debt, is not considered while dividing debts. Like assets, the debts will be divided equitably. If you have a mortgage, the court may order both of you to split the debt; if one spouse stays in the home, the mortgage may be restructured to make that spouse the sole owner and borrower.  Note that educational debt incurred during the marriage is marital!

Ten: Taxes

It is important to think about how a divorce, for Florida residents, will change your taxes. Property transfers, taxability of alimony payments and dependency deductions for children may all affect your tax filing status. Working with an accountant along with your lawyer will help you avoid making mistakes you may not be able to fix after the divorce.

Know your rights.  To discuss divorce or other family law matters call Debora A. Diaz at 727-846-1802.

Written by Debora A. Diaz, Esq.

Practicing Divorce and Marital Law since 1995.  Serving Pasco, Pinellas, Hernando and surrounding counties.

On April 24, 2015, the Second District Court of Appeal in Florida, overturned a lower court’s dismissal of a petition to dissolve a same-sex couple’s marriage. The case is Danielle Brandon-Thomas v. Krista Brandon-Thomas, Case No. 2D14-761, Second DCA April 24, 2015.  The parties were married in Massachusetts in 2012 and subsequently moved to Florida. The parties had a minor child. Danielle filed for a petition for dissolution of Marriage in October 2013, requesting that the court determine parental responsibility, child support issues as well as equitable distribution. Krista who is the birth and genetic mother of the minor child, opposed the petition.

In a per curium opinion the court held that the state and Krista Brandon-Thomas, failed to offer rational reasons for Florida law to block the request for a divorce. Many analysts believe that although the decision is written narrowly the decision is a major step in recognizing equal rights for same-sex couples. The decision seems to stand for the proposition that same-sex couples should be treated equally under the Florida Constitution and the U.S. Constitution. This is a historic ruling in the State of Florida where there has been no protection of sexual orientation or of same- sex couples.

This case was not about same-sex marriage like so many of the other cases that have been in the federal and state courts and the news over the past year, rather some of the Second District Court of Appeal judges stressed in their concurring opinions that Brandon-Thomas v Brandon-Thomas is not really about marriage, but rather “access to courts” to carry out a dissolution of a relationship, including assets, property and child custody.

“The more precise definition of the right [sought in this case] makes it easier to apply the constitutional principles of equal protection and due process,” Judge Edward C. LaRose wrote in a concurring opinion. “With such precision, we need not wade into the broader legal and societal issue of the right of same-sex individuals to marry.”

Same-sex marriages have been carried out in Florida since the beginning of the year, when state and federal stays were lifted on rulings overturning the state’s statutory and constitutional bans, but state Attorney General Pam Bondi has maintained her legal fight against those findings.

In the current case, Krista Brandon-Thomas argued that because Florida state law — specifically Section 741.212, known as Florida’s Defense of Marriage Law — does not recognize same-sex marriage, the state courts lack jurisdiction over this matter. The Florida Attorney General’s Office intervened in the case in September. The trial court dismissed the petition on the grounds that it was bound by state law, but the appeals court pointed to the Full Faith and Credit Clause of the U.S. Constitution in reversing and remanding the matter for further proceedings on the merits.

“There are circumstances in which a state might seek to give full faith and credit to some out-of-state laws and judgments but not others, based on public policy considerations. But a state may not do so in a manner that runs afoul of the Equal Protection Clause of the United States Constitution,” the lead opinion said.  Since sexual orientation is not a protected class under Florida state law, see D. M. T. v. T.M.H., 129 So. 3d 320 (Fla. 2013), the Second District held that the right of a same-sex couple to seek dissolution of marriage in Florida for a valid out-of-state marriage is not a fundamental right for U.S. constitutional purposes; therefore, the state had to pass only a rational basis test in its arguments. Under the rational basis standard a law will be upheld if it advances a legitimate government interest, even if the law seems unwise or discriminatory.  But even at this intermediate level of scrutiny, the opposition failed to present a legitimate reason for the law to preclude the state court from taking jurisdiction in this matter, the appeals court said, noting that it bordered on being illogical.

The attorney general argued that the state’s refusal to recognize same-sex marriage follows its long-standing history of defining marriage as being only between a man and a woman, but the appeals court found that refusing to allow state courts to dissolve such unions “will not further this stated public policy in any manner.”

The fact that there is a child involved was important to the court in that the best interests of the child could not be addressed by the court if the couple could not utilize the dissolution statute that applies to heterosexual couples. The judges wrote:

“The practical impact of the trial court’s order is that a validly married couple, albeit of the same sex, cannot access a Florida court to undo their marriage. The couple’s financial affairs remain intertwined, and their joint assets, if any, are not easily transferred. The trial court’s order impedes the flow of assets and capital. Particularly significant, the welfare and stability of a child parented by this couple remains in limbo. The fact that a child is involved implicates Florida’s strong public policy to protect children by determining custody matters in accordance with the best interests of the child. Our decision today protects the parties’ rights of access to the court for dissolution of their marriage and an opportunity to be heard regarding their claimed rights to their assets and the child”.  See Brandon-Thomas v. Brandon-Thomas.

At this point Krista Brandon-Thomas will have to decide whether to appeal the ruling or move forward with the dissolution proceedings in the trial court.

Judges Craig C. Villanti, Edward C. LaRose and Darryl C. Casanueva sat on the panel for the Second District.

To schedule a consultation on how this ruling may affect you call our office today.