How long can you stay on COBRA after divorce?

Asked by: Spencer Schuppe  |  Last update: November 1, 2023
Score: 4.9/5 (53 votes)

A covered employee's spouse who would lose coverage due to a divorce may elect continuation coverage under the plan for a maximum of 36 months. A qualified beneficiary must notify the plan administrator of a qualifying event within 60 days after divorce or legal separation.

Does COBRA cover divorced spouse?

A divorce, annulment or separation from a spouse or domestic partner, makes that dependent eligible for COBRA. 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.

Is COBRA 18 or 36 months?

You can collect COBRA benefits for up to 18 months. This may be extended to 36 months under certain circumstances. If your employer has 20 or more employees, it must follow COBRA rules. COBRA coverage follows a "qualifying event".

Who pays for COBRA after divorce?

Depending on your situation, a judge may stipulate the same thing. For example, the court may order your ex to cover your COBRA premiums for up to 36 months after the divorce is final. Or, the court may order you to pay COBRA premiums for your former spouse. Other creative solutions exist, too.

When can I take my ex wife off my health insurance?

Once your divorce has been granted, you are likely able to change coverage and cancel your ex-spouse's coverage outside of an open enrollment period. Divorce is considered a ''qualifying life event” and you can cancel or change coverage so long as you notify your employer within 30 or 60 days (plans vary).

How long does COBRA coverage last?

36 related questions found

Can I keep my ex on my health insurance if I get divorced?

In almost all cases, you cannot keep an ex-spouse on your health insurance after divorce, because they are no longer a “family member.” But some states allow you to have a legally separated or limited divorce status that may allow you to keep your ex-mate on your insurance.

Can I keep my ex wife on my insurance after divorce?

Typically, your employer will not allow you to keep your spouse on your health insurance plan after you have gotten divorced. That is because your employer may have to pay extra money to keep your ex-spouse on your health insurance plan.

Does COBRA count if you quit?

COBRA allows you to continue coverage — typically for up to 18 months — after you leave your employer.

How does COBRA work when you quit?

COBRA coverage lets you pay to stay on your job-based health insurance for a limited time after your job ends (usually 18 months). You usually pay the full premium yourself, plus a small administrative fee. Contact your employer to learn about your COBRA options.

What is a second qualifying event for COBRA?

Second qualifying events may include the death of the covered employee, divorce or legal separation from the covered employee, the covered employee becoming entitled to Medicare benefits (under Part A, Part B or both), or a dependent child ceasing to be eligible for coverage as a dependent under the group health plan.

Can I extend COBRA beyond 18 months?

Consumers may also extend COBRA continuation coverage longer than the initial 18-month period with a second qualifying event —e.g., divorce or death— up to an additional 18 months, for a total of 36 months.

How can I avoid paying COBRA?

If you want to avoid paying the COBRA cost, go with a short-term plan if you're waiting for approval on another health plan. Choose a Marketplace or independent plan for broader coverage. Choose a high-deductible plan to keep your costs low.

What age does COBRA end?

If you become eligible for Medicare after you've signed up for COBRA, your COBRA benefits cease at age 65, no matter how many months of COBRA coverage you were offered.

What is the timeline for COBRA?

Qualified beneficiaries must be given an election period of at least 60 days during which each qualified beneficiary may choose whether to elect COBRA coverage. This period is measured from the later of the date of the qualifying event or the date the COBRA election notice is provided.

Can my wife get COBRA when I retire?

COBRA may be a good option for you

The Consolidated Omnibus Budget Reconciliation Act (COBRA) created a program that allows former employees, their spouses, and dependent children to continue receiving health insurance coverage from a former employer, but only applies to employers with 20 or more employees.

Can I add my wife to COBRA?

You May Add New Dependents To COBRA. Having a baby or adopting and getting married are two qualifying events that will allow you to add dependents to your major medical COBRA plan. Contact your COBRA plan administrator about putting new dependents on your insurance.

Is COBRA a good idea?

COBRA can help bridge the health insurance gap until you qualify for another health plan. You have up to 60 days to accept if you don't sign up for COBRA right away. Coverage is retroactive. You can keep using the same claims filing methods, doctors, and pharmacists that you're used to.

Does COBRA affect Medicare?

If you have COBRA and you're eligible for Medicare, COBRA may only pay a small portion of your medical costs, and you may have to pay most of the costs yourself.

When you resign from a job what are you entitled to?

These benefits may include severance pay, health insurance, accrued vacation, overtime, unused sick pay, and retirement plans. Companies aren't obligated to provide severance. However, many employers do provide severance pay. Line up references before you leave.

Does COBRA count as income?

If the employee receives the funds and can provide supporting documentation of the payment to the insurer, the funds are also nontaxable. If there is no verification that the employee used the funds to pay for the premiums, the amounts are included in wages and are taxable.

Is COBRA retroactive after leaving a job?

Yes, COBRA is retroactive.

However, retroactive benefits mean that if you opt in for COBRA coverage, the start date is the day after you lost your employer's insurance. Because of this, you would need to pay back any premiums for the months before you opted in for coverage.

Is COBRA cheaper than marketplace?

Benefits of Getting Coverage Through The Healthcare Insurance Marketplace (HIM) In general, COBRA tends to be more expensive than HIM plans. Even though you are eligible to receive the same insurance that you had through your employer, you are now responsible for paying the entire premium cost.

How does divorce affect insurance?

Separation and divorce can affect your insurance if you and your spouse share policies for your home, cars, health, life, or disability. If your cars are kept at separate residences, you need separate auto policies. If you don't already have your own health insurance, you'll need to find a provider once you divorce.

What are the benefits of staying married but separated?

A legal separation would mean one spouse may still be eligible for health insurance coverage from the other spouse's job, whereas a divorce would end this coverage. A legal separation also allows you and your spouse to continue filing taxes jointly, which can lead to some tax benefits.

Can my husband cancel my car insurance during a divorce?

If a spouse was just a listed driver on a policy rather than a named insured, then removing that spouse – or that spouse leaving the policy – may not require consent from both parties. A listed driver can often be delisted or leave a policy anytime.