Option 1: COBRA — keep the same plan (up to 36 months)
Divorce is a qualifying event under COBRA, which lets you continue the exact same employer plan you're losing. For a spouse losing coverage due to divorce or legal separation, COBRA continuation can last up to 36 months — longer than the 18 months that applies when someone loses coverage because of a job change.
- Upside: same doctors, same network, no gap, no new deductible mid-year.
- Downside: you typically pay the full premium (including the share the employer used to cover), so it's often the most expensive option.
- Watch the clock: you generally must be notified of your COBRA rights and then have a set window to elect it. Don't sit on the paperwork.
Option 2: The ACA Marketplace — often cheaper than COBRA
Divorce triggers a Special Enrollment Period, giving you 60 days to enroll in a plan on the health-insurance marketplace outside the normal open-enrollment window. This is where many newly single people find better value, because:
- Subsidies (premium tax credits) are based on your new household income — not your former joint income — so you may qualify for help you didn't before.
- You can pick a plan sized to just you (and your kids, if they're on your coverage).
Because subsidies hinge on your post-divorce income, the marketplace is frequently less expensive than full-price COBRA. It's worth pricing both.
Option 3: Your own employer, Medicaid, or a parent's plan
- If your own employer offers coverage, divorce is a qualifying event that usually lets you enroll mid-year.
- Depending on your new income, you may qualify for Medicaid.
- Children can generally remain on either parent's plan — this is often negotiated as part of the divorce, so make sure the decree and the plan enrollment actually match.
Check this before you switch plans
Here's the mistake that costs people the most: assuming a new plan covers the same care the old one did. Formularies (the list of covered drugs) and medical-necessity criteria differ from plan to plan — a medication that was a cheap generic on your spouse's plan might sit on a higher tier, require prior authorization, or not be covered at all on your new one. Before you commit, it's worth taking a few minutes to check whether a new plan covers your prescriptions and procedures with a free tool like WillItCover, so a surprise doesn't land after you've already switched.
Don't miss the window
The single biggest risk after divorce is letting the deadlines lapse — the COBRA election period and the 60-day marketplace window both move fast. Decide early, compare COBRA against a subsidized marketplace plan, and confirm your kids' coverage lines up with your divorce agreement.
Working through the rest of the divorce logistics? Try our free divorce planning tools →