Q:Does the 36 months of coverage start at legal separation, or at time of actual divorce?
A:The spouse is considered a qualified beneficiary at the time of a qualifying event.Divorce and legal separations are both qualifying events. If the employer removed the spouse from the group policy when the legal separation occurred, that is when the 36 months would have started.However, there are some group plans that allow the spouse to remain on the policy during the legal separation and COBRA would start when the divorce is final.
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