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What is COBRA coverage?

On Behalf of | Sep 23, 2019 | Family Law |

While you may indeed look forward to your life following the completion of your divorce proceedings in Wilmington, it might be nearly impossible to not express a small degree of concern over the uncertainty that the dissolution of your marriage may bring. This is especially true if you were not the primary income earner in your marital home. As such, you likely relied on your soon-to-be ex-spouse’s employment for benefits such as health insurance. Medical care and be costly, and injuries and ailments may not necessarily stop while you attempt to secure new coverage through your own employment. How, then, are you to afford care for you and your children? 

You need not necessarily be concerned for your kids, as the court will typically require that your ex-spouse keep the kids on their plan for as long as they are eligible for coverage. Yet what about you? The Consolidated Omnibus Budget Reconciliation Act makes it possible for you to remain covered under your ex-spouse’s plan for up to 36 months following your divorce. 

Per the U.S. Department of Labor, your case must meet the following three criteria in order for you to qualify for COBRA coverage: 

  • Your ex-spouse’s group health plan must be covered by COBRA 
  • You must be an eligible beneficiary
  • You must have experienced a significant life event

In the case of a divorce, the significant life event is taken care of. To be an eligible beneficiary, you must have been eligible for coverage the day prior to your significant life even occurring. Provided that the entity sponsoring your ex-spouse’s group health plan is a private or state employer employing more than 20 employees on at least 50 percent of its business days, the plan is covered by COBRA.