Understanding COBRA coverage

As you prepare into enter into your divorce proceedings in Cincinnati, you mat begin to start to look more and more at what yours and your kids’ lives will be like once your marriage has officially ended. Many in your position (who were not the primary income earners in their marital homes) have come to us here at The Law Firm or Droder and Miller questioning what will happen once they are no longer available for coverage under their ex-spouses’ group health plans. If you are currently contemplating the same point, you will be happy to know that your current coverage can continue even after the end of your marriage. 

Per the U.S. Department of Labor, the Consolidated Omnibus Budget Reconciliation Act stipulates that people who had been covered under a group health plan can remain eligible for such coverage after having experienced a significant life event that affected their affiliations with the organizations sponsoring said plans. Per COBRA guidelines, divorce is considered to be such an event (indeed, under COBRA, you can remain covered under your ex-spouse’s plan for up to 36 months following your divorce). Your eligibility is based on whether your ex-spouse’s health plan qualifies for COBRA coverage (and it does as long as their employer is a private company employing more than 20 people or a state or local agency). You must also have been eligible for plan coverage the day prior to your divorce occurring. 

You also need not worry about your kids’ coverage; as long as your ex-spouse’s employer offers group health plan coverage, the court will typically mandate that they keep the kids on their plans. More information on planning for your post-divorce life can be found here on our site. 

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