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| Pending Divorce and Husband's Job Change--What to do? |
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Q: I'm on my husband's current insurance. He has accepted a new job starting in three weeks. We are in the process of filing for a divorce. Should I elect COBRA under my husband's current insurance so that my benefits won't lapse? Or, should I postpone the finalization of the divorce until I am assured coverage under his new insurance plan, which won't go into effect until December 1? How long will he have to work at his new job for him to become eligible for COBRA?
A: COBRA is a continuation of an employer's group health plan. If he left a job before the divorce was finalized you both would need to sign up for COBRA through that employer to continue the insurance coverage. If the divorce becomes finalized during this time then you must continue the COBRA through this plan.
However, if the divorce has not been finalized you must be enrolled on the new employer’s group health plan to be eligible for COBRA continuation. If the divorce has not finalized before the new insurance starts you may want compare the coverages and cost to determine which plan best meets your needs. The maximum amount of time you can remain on COBRA after a divorce from the employee is 36 months.
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