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Spousal Cobra Rights

Many people have health insurance through their employer, and often the insurance also covers the employee's spouse. To help people maintain health insurance when leaving a job or experiencing certain other changes, the Consolidated Omnibus Budget Reconciliation Act of 1986 gives former employees, retirees, spouses, former spouses and dependent children the option to temporarily continue health insurance coverage at group rates. If you are covered on your spouse's health insurance, you do have spousal COBRA rights.

  1. Qualifying Events

    • For you to be eligible for COBRA coverage, a qualifying event must occur. The qualifying events that allow a person covered on the spouse's health insurance to obtain COBRA coverage are the covered employee leaves the job for any reason other than gross misconduct, the covered employee's work hours are reduced, the covered employee becomes entitled to Medicare, you divorce or legally separate from the covered employee, or the covered employee dies.

    Time Frames

    • If you choose COBRA coverage because your spouse left a job or had a reduction in hours of work, you can usually keep COBRA for a maximum of 18 months. If you choose COBRA coverage because your spouse became entitled to Medicare, the two of you divorced or legally separated, or your spouse died, you can usually keep COBRA up to 36 months.

    Notification

    • When a qualifying event occurs, the health plan administrator is required by law to notify you in writing of your right to choose COBRA coverage. You have up to 60 days from the date of the qualifying event to purchase COBRA. If the qualifying event is a divorce, your spouse must notify the health insurance plan of the date of the divorce. Also, be aware that if you remarry or get health insurance coverage under another plan, you are no longer eligible for COBRA.

    Considerations

    • COBRA coverage begins on the date of a qualifying event. Coverage is retroactive to that date if you take up to the 60 days allowed to choose coverage. If your spouse leaves a job, you can elect COBRA coverage even if your spouse does not. To have COBRA coverage, you must pay a monthly premium. The premium is typically 100 percent of the plan's cost at the group rate plus a two percent administrative fee.

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