FR44 Insurance When You’re Getting Divorced or Separated in Florida

Getting a divorce or separation is stressful enough. Adding an FR44 insurance requirement from a DUI makes the financial disentanglement even more complicated. When one spouse has a DUI and the marriage is ending, here’s how to handle FR44 insurance during and after divorce.

The Problem: Joint Policies During Divorce

If you and your spouse share a joint auto insurance policy that includes an FR44 filing (because one spouse has a DUI), divorce creates immediate complications:

• Both spouses’ rates are inflated by the DUI spouse’s FR44 requirement
• The non-DUI spouse wants off the policy to get standard rates
• The DUI spouse may lose access to vehicles titled in the other spouse’s name
• The FR44 clock is still running — it cannot be paused during divorce proceedings

Timeline: When to Split the Policy

Stage	Action	Timing
Separation (living apart)	Begin shopping for separate policies	Immediately upon separation
Divorce filing	Notify insurance carrier of pending divorce	Within 30 days of filing
Temporary orders	Court may order who pays for FR44 insurance	Typically addressed in temporary relief hearing
Final decree	Policies must be fully separated	By the date of the final divorce decree
Post-divorce	DUI spouse maintains standalone FR44 policy	Ongoing until 3-year requirement ends

Who Pays for FR44 Insurance During and After Divorce?

Florida courts generally treat the FR44 insurance cost as the DUI spouse’s separate obligation — it resulted from their conduct, not a marital expense. However:

• Temporary orders: The court may order the higher-earning spouse to continue paying temporarily, especially if the DUI spouse is unable to work
• Final decree: The DUI is typically treated as waste of marital assets if it occurred during the marriage and cost significant money. The non-DUI spouse may receive an offset in asset division.
• Alimony/spousal support: FR44 premiums may be factored into the DUI spouse’s monthly expenses when calculating need for support

Named Driver Exclusion: Critical for the Non-DUI Spouse

When policies are split, the non-DUI spouse must ensure the DUI spouse is excluded by name from their new policy. Without this exclusion:

• The insurance company may rate the non-DUI spouse’s policy based on household members’ driving records
• The DUI spouse’s conviction could still increase the non-DUI spouse’s rates even on a separate policy
• If the DUI spouse drives the non-DUI spouse’s car without permission and causes an accident, the policy may still provide coverage (increasing rates)

Vehicle Ownership Transfer

If the DUI spouse will be taking a vehicle in the divorce:

• Title must be transferred before the policy can be split
• The DUI spouse needs their own FR44 policy on the transferred vehicle — effective the day the title transfers
• No gap in coverage: Overlap the old joint policy and new individual policy by 1-2 days to prevent an FR44 lapse

Bottom Line

Divorce doesn’t pause the FR44 clock. The DUI spouse must maintain continuous FR44 coverage throughout the divorce process. The non-DUI spouse should separate their policy as soon as practically possible — with a named driver exclusion for the DUI spouse — to avoid paying inflated rates for someone else’s DUI. Coordinate with your divorce attorney and insurance agent simultaneously; the timing of policy splits is critical to avoiding a lapse.