Q: If an employee has family coverage and then he and his wife get a divorce, I know that the wife receives coverage under COBRA. For how long? 36 months? Then, what if she has children from a previous marriage that were on her husbands plan? Are they as well or does the plan holder have to be the one who has legal guardianship of those children in order for them to receive coverage?
A:After a divorce from the covered employee the spouse and dependents can continue COBRA for up to 36 months.The COBRA start date would depend on when the spouse and dependents were taken off the group health plan because of the qualifying event (legal separation or divorce).If the children were on the policy during the marriage then they would be eligible for COBRA continuation.
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