Are Domestic Partners Eligible for Cobra?

COBRA is a federal program that provides extended health benefits for those that were in a group health plan but lost their benefits. These benefits are offered to workers after the occurrence of a qualifying event, such as the loss of a job or a reduction in the number of hours worked. In certain situations, domestic partners may be eligible to receive benefits as well.

Definition of Domestic Partners

• Domestic partners are unmarried couples living together, whether of the same or opposite sex.

Significance

• By law, COBRA benefits must be extended only to the employed person, their spouse or any dependents they have. Employers are not required to provide COBRA benefits to the domestic partner of an employee.

Considerations

• Though not required by law, many employers who provide group health care coverage to domestic partners often offer COBRA benefits to domestic partners as well. This requires approval from the insurance carrier.

Warning

• Employers face fines and penalties if they are unable to provide proof of the domestic partner's dependent status. Employees seeking to obtain COBRA benefits for a domestic partner in this way must provide an affidavit of dependent status or a copy of a recent tax return showing the partner's dependent status.