COBRA Continuation During Divorce or Separation
Yes. When a divorce, annulment, or legal separation causes a spouse or dependent to lose coverage, they may continue health insurance through COBRA on the former spouse’s employer-sponsored plan. Coverage can last up to 36 months, but the qualified beneficiary must notify the plan administrator within 60 days of the divorce or separation to elect COBRA.
What You Need to Know
- The plan administrator must send notice of COBRA rights within 14 days.
- Remarriage does not end COBRA, but you have 60 days to join a new spouse’s plan.
- Divorced, legally separated, or annulled spouses may continue coverage for up to 36 months.
Notifying Human Resources
It is the employee’s responsibility to notify the HR department or plan administrator when a divorce, legal separation, or annulment occurs. This notice must be given within 60 days of the event so the plan can send COBRA election information to the former spouse or dependent who is losing coverage.
The plan administrator will notify the qualifying beneficiary of their right to continue they employee's health plan with 14 days. The notification will contain everything they will need to know to get started.
Does COBRA End If You Remarry?
COBRA from a divorce or separation can last up to 36 months. Remarrying does not end COBRA unless you join your new spouse’s health plan. You cannot keep COBRA and another active plan at the same time.