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Minaya Law Office, PLLC
With an office in Plantation, we serve clients in Plantation, West Palm Beach, Fort Lauderdale and Miami.

Understanding COBRA coverage

Many in Davie may believe themselves to be fully prepared to comfortably adjust to their post-divorce lives going into their proceedings. Once their divorces become final, however, those who were not the primary income earners in their homes often struggle to adjust to not having access to the benefits they enjoyed through their ex-spouses. One of the more common of these benefits is group health plan coverage. Indeed, according to information shared by the Kaiser Family Foundation, nearly half of all insured Americans are covered by an employer-sponsored plan.

Many worry that once they are divorced, access to benefits through their ex-spouse’s plan will end. Yet that is not the case. The Consolidated Omnibus Budget Reconciliation Act affords one the chance to remain on their ex-spouse’s insurance plan for up to 36 months. COBRA coverage following a divorce is not automatic, however. Per the U.S. Department of Labor, the following three criteria must first be met:

  • The ex-spouse group health plan must be subject to COBRA regulations
  • One must be a qualified beneficiary
  • One must have experienced a qualifying event

Divorce is indeed considered to be a qualifying event, and in order for one to be considered a qualified beneficiary, they must have been eligible for coverage under the plan on the day prior to the qualifying event occurring. A plan is subject to COBRA if it is sponsored by a state or local agency or a private company that has at least 20 full-time employees.

If one is worried about their children maintaining their health insurance coverage, they need not be; provided one parent has access to a group health plan, the court will typically order that they maintain coverage for the kids until the kids reach the age of majority.

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