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Q: Have a friend who was divorced from her husband in March of 2007. She was on his employer's health insurance plan with their 4-year old and they are both still on it by way of his choosing to keep them on. However, he plans to take them off at the end of this year. Could she already be under COBRA coverage? If so, shouldn't she have received a COBRA packet of information?
A: Divorce is a qualifying event to be eligible for COBRA. Your friend will need to contact her ex-husband’s employer to see if they are on COBRA. If the employer has more than 20 employees the employer must offer COBRA continuation. They should have sent her the election form when the divorce became final and offered her COBRA at that time. The ex-husband does not have any say or control if the ex-spouse and dependents can have COBRA coverage. If for some reason the ex-husband left them on the group plan and cancels their insurance, they should be eligible for COBRA. The COBRA coverage will start on the day they were removed from the group benefits and they can keep stay on COBRA for up to 36 months.
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