Getting Divorced or Legally Separated? Know Your COBRA Rights.
If you are getting divorced or legally separated and are currently covered under the health insurance plan offered by your ex-spouse’s employer, you will be eligible to keep your group health insurance under COBRA for up to 36 months after your divorce and/or legal separation if the employer has over 20 employees.
In order to exercise this coverage, you have to notify the health care plan administrator of your ex-spouse’s employer within 60 days of your divorce/legal separation. The employer then has 14 days to send you the applicable paperwork for how to elect to continue health insurance coverage under COBRA. Note: Your ex-spouse’s employer has no duty to inform you. You have to contact them. Failure to contact the employer within the 60-day period is deemed to be a waiver of COBRA coverage.