Can a dependent elect COBRA without the employee?

Asked by: Cassandre Metz V  |  Last update: August 29, 2025
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Each qualified beneficiary has a separate right to elect COBRA continuation coverage. For example, the employee's spouse may elect continuation coverage even if the employee does not. COBRA continuation coverage may be elected for only one, several, or all dependent children who are qualified beneficiaries.

Can a dependent enroll in COBRA without the employee?

Coverage for Dependents

Your dependents (i.e., spouse, former spouse or children) are also eligible for COBRA coverage, even if you (the former employee) do not sign up for COBRA coverage.

Can I elect COBRA for my spouse only?

All qualified beneficiaries (QB's) have the right to elect single coverage. So, you could have a husband and wife each elect single coverage.

Is dependent care COBRA eligible?

COBRA premiums are not eligible with a limited-purpose flexible spending account (LPFSA) or dependent care flexible spending account (DCFSA). What is COBRA insurance?

How long can a dependent child stay on COBRA?

Once your child "ages out" the child may be eligible for coverage under his or her own employer's plan, for special enrollment in Marketplace coverage or may be eligible to purchase temporary extended health coverage for up to 36 months under the Consolidated Omnibus Budget Reconciliation Act (COBRA).

How COBRA Act works | Benefit Administration

21 related questions found

What is the COBRA loophole?

If you decide to enroll in COBRA health insurance, your coverage will be retroactive, meaning it will apply to any medical bills incurred during the 60-day decision period. This loophole can save you money by avoiding premium payments unless you actually need care during this time.

How long can a child be dependent?

To meet the qualifying child test, your child must be younger than you or your spouse if filing jointly and either younger than 19 years old or be a "student" younger than 24 years old as of the end of the calendar year.

How do I add a dependent to COBRA?

You or your family member must notify both Vita COBRA and the group health plan company in writing within 30 days of the marriage, birth or adoption, in order to enroll the dependent on COBRA. Please note that some health plans will enroll your new-born child at no cost for the first 30 days of coverage.

Who is not eligible for COBRA?

Why would an employee not qualify to enroll in Cal-COBRA? The employee is enrolled in or eligible for Medicare. The employee does not enroll within 60 days of receiving the notice of eligibility from the employer. The employee is covered by another health plan.

Who is eligible for dependent care?

A qualifying person generally is a dependent under the age of 13, a spouse or dependent of any age who is incapable of self-care and who lives with you for more than half of the year.

Can you drop a dependent from COBRA?

Generally, COBRA requires that an employee, spouse or dependent child be covered by the plan the day prior to the qualifying event. However, there is an exception in the regulation regarding spouses or dependent children who are dropped by an employee in anticipation of divorce or legal separation.

What happens if I elect COBRA but don't pay?

There is no grace period if you're late paying your initial COBRA premium payment. 3 If it isn't paid on time (ie, within 45 days of electing COBRA), you lose your right to have COBRA coverage; you'll have to find other health insurance options or you'll be uninsured.

Why is COBRA so expensive?

COBRA coverage is not cheap.

Why? Because you're now responsible for paying your portion of your health insurance: The cost your employer contributed to your premium, in addition to the 2% service fee on the cost of your insurance.

Can I elect COBRA just for my spouse?

Each of the qualified beneficiaries for a qualifying event may independently elect COBRA coverage. This means that if both you and your spouse are entitled to elect continuation coverage, you each may decide separately whether to do so.

What employers must have to be eligible for COBRA?

The extension period is 18 months and some people with special qualifying events may be eligible for a longer extension. To be eligible for COBRA, your group policy must be in force with 20 or more employees covered on more than 50 percent of its typical business days in the previous calendar year.

Can COBRA participants add dependents during open enrollment?

COBRA participants are offered the same rights as similarly situated active employees during the employer's open enrollment period. You may change plans and add/delete eligible dependents. Dependents added during open enrollment will not have the same COBRA rights as the “qualified beneficiaries.”

Can a dependent get COBRA without the employee?

Each qualified beneficiary has a separate right to elect COBRA continuation coverage. For example, the employee's spouse may elect continuation coverage even if the employee does not. COBRA continuation coverage may be elected for only one, several, or all dependent children who are qualified beneficiaries.

What are examples of individuals who would qualify for COBRA?

A qualified beneficiary is an individual who is entitled to COBRA continuation coverage because he or she was covered by a group health plan on the day before a “qualifying event.” Depending on the circumstances, the following individuals may be qualified beneficiaries: a "covered employee" (a term that includes active ...

Can an employer deny you COBRA?

Under COBRA, a person who has been terminated for gross misconduct may be denied COBRA. Gross misconduct is not specifically defined by COBRA, but when based on an employer's practice or policy it could include misrepresentation during the hiring process or falsifying information on a Form I-9.

Can anyone enroll in COBRA?

Check Your Eligibility.

You may qualify for COBRA health insurance if you experience a job termination, reduction in hours, divorce, widowhood, or an adult child turning age 26 coming off their parent's health insurance. Check if you qualify by taking the COBRA eligibility survey.

What happens when you add a dependent to your health insurance?

A dependent refers to someone who is eligible to become an additional person on your health insurance plan. Your dependents can receive the benefits of your health insurance plan and use it in much the same way as you.

Does COBRA cover loss of dependent status?

Loss of Dependent Child Status

If a dependent enrolled in a health plan loses eligibility because he or she loses dependent child status under the plan rules, that individual may be entitled to COBRA continuing coverage for up to 36 months.

Can I claim my daughter as a dependent if she made over $4000?

While the income source doesn't matter, there are other income considerations. For qualifying dependents who are not a qualifying child (called “qualifying relatives” in tax law), the person's gross income for the 2023 tax year must be below $4,700 (for 2023).

Who qualifies as a dependent?

Relationship: Be your son, daughter, stepchild, eligible foster child, brother, sister, half-sister or -brother, stepbrother, stepsister, adopted child or the child of one of these. Age: Be under age 19 or under 24 if a full-time student, or any age if permanently and totally disabled.

How to stay on your parents insurance after 26?

It depends on your situation and where you live. Some states in the US allow young adults to stay on their parents' health insurance plans after 26 under certain circumstances. Other states allow dependents with disabilities to stay on their parents' health insurance indefinitely.