Health insurance after divorce: your options and the deadlines that matter

• 36 monthsthe longest COBRA can last for a former spouse after divorce or legal separation, per the Department of Labor
• 60 daysto enroll in a marketplace plan after losing coverage, and you can apply up to 60 days before it ends
• 672,502divorces reported in 2023 in the 45 states and DC that report them to the CDC

Start with where your coverage comes from today

Your options depend on who holds the policy you are on right now. Here is the quick map.

You are covered by	What happens at divorce	Your main deadline
Your spouse's employer plan	You lose eligibility as a spouse. COBRA and a marketplace plan are both open to you.	Notify the plan within 60 days. Marketplace window is 60 days.
A shared marketplace plan	Your household changes, so your tax credit changes. Report it right away.	Update your application as soon as possible.
Your own employer plan	Your coverage continues. Your former spouse's does not.	Ask HR how long you have to change your coverage tier.

COBRA after divorce

COBRA lets you stay on the exact plan you had through your former spouse's job. The Department of Labor lists divorce or legal separation from the covered employee as a qualifying event for the spouse, and it gives the spouse up to 36 months of continuation coverage, twice the usual 18 months after a job loss. Children who lose coverage can qualify too.

• It applies to employers with 20 or more employees. Some states have their own continuation rules for smaller employers.
• Someone must tell the plan within 60 days. For divorce, the employer usually does not know, so you or your former spouse must notify the plan in writing.
• You get at least 60 days to elect. That window runs from the later of the election notice or the date your coverage ends.
• You pay the full price. The plan can charge up to 102 percent of the premium, which includes a 2 percent admin fee.

That last point is the catch. KFF's 2025 Employer Health Benefits Survey puts the average premium for single coverage at $9,325 a year. At 102 percent, that is about $793 a month for you alone, with no employer paying part of it.

COBRA can still be the right move if you are mid treatment with doctors you cannot switch, or you have already met most of this year's deductible. And because COBRA can run up to 36 months, it can carry you through a long transition while your income settles.

A marketplace plan, often the better deal

HealthCare.gov lists getting divorced or legally separated and losing health insurance as a qualifying event. You get 60 days after losing coverage to enroll, and you can apply up to 60 days before it ends, so you can have a plan ready the day the old one stops.

The big reason to look: your tax credit is now based on your household, not your former marriage. HealthCare.gov is specific that you should not include a former spouse in your household, even if you still live together. Child support you receive is not counted as income. If the divorce cut your household income, you may qualify for far more help than you did as a couple. You can estimate your subsidy here before deciding between COBRA and the marketplace.

One warning carries over from job loss. If you elect COBRA and later drop it, that does not open a new marketplace window. Make the COBRA versus marketplace decision inside your first 60 days, with real quotes. My between jobs guide walks through that comparison in more detail.

Keeping the children covered

Divorce does not have to change the children's coverage. Children can generally stay on a parent's plan until age 26, and a child who stays on the employee parent's employer plan keeps that coverage. If the children lose coverage because of the divorce, they can elect COBRA too, for the same 36 months.

On the marketplace, a child belongs on the application of the parent who will claim the child as a tax dependent. HealthCare.gov's rule is to include any child you will claim as a dependent, and not to include one you will not claim. In practice, that means the two parents should agree on who claims each child before either of you applies.

Children may also qualify for Medicaid or CHIP based on the household they are counted in, even when the parent does not. Check your settlement too, since it may say which parent must provide the children's health coverage.

The tax year of the divorce

If you and your former spouse shared a marketplace policy with advance tax credits during the year you divorced, you will each deal with it on Form 8962. IRS Publication 974 explains that divorced or legally separated taxpayers allocate the policy amounts between them. You can agree on the split, and if you do not agree, the default is generally 50 percent each.

Starting with 2026 coverage there is also no cap on repaying excess tax credits, so updating your income and household quickly matters more than it used to. Here is what happens if your income estimate is off.

A simple order of operations

• Find out exactly when your current coverage ends. That date starts your clocks.
• Get a marketplace quote using your own expected income and household.
• Get the COBRA price from the plan, and send the divorce notice within 60 days.
• Compare the two with your doctors and prescriptions in mind, then enroll inside the 60 day window.
• Settle who claims each child, then put each child on the right application or plan.

If your divorce lands in the fall, open enrollment for 2027 coverage runs November 1, 2026 through January 15, 2027 on HealthCare.gov, with December 15 as the last day to choose a plan that starts January 1. State exchanges can set different dates. If you are not sure your window is still open, here is how special enrollment works.

Bottom line

Losing coverage through divorce gives you two good paths: COBRA for up to 36 months at full price, or a marketplace plan priced on your new household. Send the plan notice within 60 days, compare real numbers, and settle the children's coverage early. I'm Carson Hornish, an independent broker licensed in 31 states (NPN 21581721). If COBRA turns out to be the better fit for you, I will tell you that, even though I earn nothing on it. My help is free, and here is why.

Common questions