Q: There is an employee that has already been terminated. He and his family are on COBRA already (for about 8 months now). They are getting a divorce. The ex-wife would be able to continue coverage, but just for the duration of the 18 months or does she get another 18 months from the day of the divorce? Also, she has children from a previous marriage; would they be able to be added to her COBRA plan instead of the ex-step-father?
A:The maximum amount of time a spouse and dependents can continue COBRA is 36 months.When a divorce or legal separation occurs during COBRA continuation, the spouse and dependent children will qualify for an additional 18 months starting when the first 18 months ends.If the children are on COBRA now then they would be able to continue COBRA after the divorce.
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