Author: Michelle Montoya, MLR, SPHR

Client question:

Will filing of a divorce be enough to cancel a spouse from coverage on our Company’s health insurance plan and be offered COBRA?

Answer:

No. The qualifying event is the date of the divorce decree (or legal separation). Merely filing for divorce is not considered a qualifying event, and will not render the spouse automatically eligible for COBRA. Courts often order a spouse to be reinstated on insurance plans if dropped before final divorce decree or legal separation, at which point, back premiums will be due, and can be quite expensive.