Medical Coverage After Divorce
by Glen L. Rabenn
Under Federal Law you might be entitled to keep your medical
insurance benefits under your former spouse's group plan. The Consolidated
Omnibus Budget Reconciliation Act of 1985 created what are commonly known as "C.O.B.R.A."
benefits, which are available to the former spouses of people who work for
employers who have 20 or more employees.
In general this law provides that employers must offer "continuation coverage"
for the first three years after the termination of the marriage. The law further
provides that the employer can charge the former spouse for this coverage, but
the charge cannot be more than 2% greater than what is charged to employees.
After the three years have ended, the law states that the employer must offer a
former spouse the right to purchase "conversion coverage," but there are no
limits on how much the employer can charge for this coverage.
The C.O.B.R.A law further provides that the former spouse does not have to pass
a physical examination in order to obtain the continuation or conversion
benefits. This is significant if you have any pre-existing conditions that might
not be covered by another medical insurance carrier.
In order to obtain your C.O.B.R.A. benefits you have to file your application
with your spouse's employer by not later than sixty (60) days after the
termination of your marriage. If you do not file your application by that date,
you will not be able to get these important benefits.
If you wish to have your C.O.B.R.A. benefits, you must contact your former
spouse's employer directly and request the appropriate forms. This is not a
service that is customarily performed by our office. You must contact your
former spouse's employer directly if you want to obtain these benefits.