COBRA and DIVORCE

[Guest motor]

Need help with this one!

A COBRA participant is getting a divorce. He has a soon to be ex- wife and two children. Does everyone qualify for a secondary event? 36 months? Just the wife(ex) and children? Who's policy do the children fall under? and Who is entitled to a notice?

Thank You

[Sandra Pearce]

The ex-spouse will be eligible for 36 months of coverage from the date of the divorce. The children, if they are the employee's biological or adopted children would not lose eligibility for coverage. If the children are step-children and would no longer qualify as dependents then they would also be eligible for 36 months of COBRA coverage from the date of the divorce.

[Guest motor]

Thank you Sandra,

Let me see if I got this.

The PQB has 18 months from the initial event date, whereas the ex-spouse and dependents have 36 months from the date of the divorce?

Seems like the PQB is getting the short end of the stick...

What happens if the PQB gets custody of the children? He would be on for 18 months and the children would have 36?

motor

[Sandra Pearce]

I read your question too hastily and replied thinking that the COBRA participant was actually an employee at the time of the divorce. The COBRA participant (ex-employee would have the remainder of his/her 18 months). Upon divorce (a second qualifying event) the ex-spouse would be eligible for a total of 36 months. The children, if they are the employee's, would not have a second qualifying event and would have the same 18 month period as the employee. I don't believe the divorce is a second qualifying event for the ex-employee.

[Guest motor]

That makes sense. I've never had to deal with this situation before and all the information I've found relates to one of the people being employed.

Thanks