cafeteria plan

[Guest c.lawson]

I am divorced, I have cobra from my ex-spouse ins. I am covered under flexible comp with my employer, can I claim my cobra payments under my flexible comp plan.

[SLuskin]

No. There are some limited uses of COBRA premiums in a Cafeteria Plan. For example, if your tax dependent child no longer qualifies as a dependent under your group medical plan, you may choose to pay those COBRA premiums for that child under your Section 125 Plan. The COBRA premiums that you are paying are part of another employer's group health plan, and therefore not eligible.