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  1. Knowledge Base
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  2. Eligibility For COBRA
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  3. Divorce

Can I Stay On My Ex-Spouse’s Insurance With COBRA Due To Divorce?

If my wife and I are getting a divorce, am I eligible to continue on her group health plan and for how long?

Yes, you may continue your former spouse’s employer-sponsored health insurance. A divorce, annulment or separation from a spouse or domestic partner, makes that dependent eligible for COBRA. 

How Long Can You Stay On A Spouse’s Health Insurance After Divorce?

A covered employee’s spouse who would lose coverage as a result of a divorce may elect to continue coverage under the plan for up to 36 months. Within 60 days of divorce or legal separation, a qualified beneficiary must notify the plan administrator of a qualifying event.

How Do I Get COBRA With A Divorce?

You will need to notify the human resources department of the company that provides the health insurance. The plan administrator must notify the qualifying beneficiary of the right to choose COBRA continuation coverage within 14 days.

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When I Remarry Does COBRA End?

I am under COBRA due to a divorce. When I remarry does COBRA end or can I continue it for the duration of the time remaining?

You may continue on COBRA when you remarry. The qualifying event of divorce or legal separation triggers an open enrollment period to continue on the same group health plan offered by the employer. If you are coming off the insurance due to divorce, you have up to 36 months of continuation coverage.

If you remarry within the 36 months of COBRA, you may keep it provided that you aren’t on a health plan with your spouse. Under the COBRA law, you are not allowed double coverage.

Double coverage is acceptable if the new plan has a pre-existing clause and a waiting period.

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