How to Use a Spouse's Health Insurance After a Divorce

The Consolidated Omnibus Budget Reconciliation Act, commonly known as COBRA, allows individuals to keep their spouse's health insurance after a divorce. Opting for COBRA continuation coverage can be expensive, but it is generally cheaper than purchasing an individual health insurance policy. If you are currently covered under your spouse's employer-sponsored health insurance plan, the law requires that you receive information regarding continuation coverage within 14 days of the plan administrator being notified of your separation or divorce.

Instructions

    • 1

      Read the forms regarding COBRA continuation coverage as soon as they arrive in the mail. The letter and accompanying forms will give you all the information you need regarding how to elect continuation coverage and eligibility requirements. After receiving the information, you'll have 60 days to elect coverage.

    • 2

      Fill out the forms to elect COBRA continuation coverage and send it to the appropriate address. You don't need to submit payment immediately, though it is due within 45 days of opting for continuation coverage under your spouse's health insurance plan. At this point, you can elect coverage for yourself and for any qualifying dependents.

    • 3

      Understand that there are limits to COBRA continuation coverage. Generally speaking, you will be allowed to use your spouse's health insurance policy for 36 months after the divorce. You will be responsible for paying the health insurance premium on time each month for coverage to remain effective.

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