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| Does my ex-spouse have to approve my COBRA continaution? |
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Q: My husband’s employer will not send me a form for cobra insurance. What can I do to get cobra coverage? I am 62 1/2 years old. Is his employer supposed to send me a form for Cobra? Can I keep it until I am 65 if I don't find another with insurance? His employer said I could not get cobra without my husband’s approval. He also said since I could get coverage with another company I couldn’t get cobra.
A: Your husband’s employer is subject to COBRA law if they have more than 20 employees. Since you are a dependent and the qualifying event is a divorce you are entitled to COBRA for 36 months. The employer is required to provide you with the continuation under COBRA law, the employee (your husband) has no say or control in this matter. You can still be eligible for COBRA if other insurance is available to you. You just can not have COBRA continuation and other insurance at the same time.
If your husband's employer doesn't comply with COBRA laws they can receive severe penalties and fines from the US Department of Labor.
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