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| Can I get COBRA if my husband drops me from his plan BEFORE filing for divorce? |
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Q: My husband is threatening to drop me from his employer's insurance plan before filing for divorce and says that I will then NOT be eligible for COBRA because I won't be covered at the time of filing. Can he do this? I am currently in treatment for breast cancer and need to make sure than I remain covered one way or another.
A: Under COBRA, covered spouses may continue their plan when they would otherwise lose coverage due to a particular event, such as divorce (or legal separation). 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. Even if you are dropped off the plan before the divorce, you should still be entitled to Cobra, but I believe at that point it would only be eligible to be on it for up to 18 months since it wasn’t due to a divorce. It being a sticky situation, I would recommend you talk to the Department of Labor, they oversee the Cobra law. 866-444-3272
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