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Question

Asked: May 02, 2010

Is there COBRA Availability in Event of Divorce?

If I divorce and my wife and my step child were covered under my employee health insurance, do my e wife and step child qualify for COBRA?

Categories: In Illinois
Plan Types: In COBRA

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Answers

Yes, if your employer is subject to either state or federal COBRA laws. If COBRA is available through your group plan, they are considered qualified beneficiaries. In fact, they may be eligible for up to 36 months of coverage under COBRA, depending on the COBRA regulations that apply to your employer. If you can answer a couple of questions, we can provide you with more details. Firstly, do you know if your employer is bound by state or federal COBRA laws? State, or mini-COBRA, applies to companies with fewer than 20 employees. Not all states have COBRA regulations for small companies in this category. Companies with 20 or more employees are regulated by federal COBRA law, but there are certain types of companies that are eempt. If you work for a business that has fewer than 20 employees, in which state is the group coverage issued? Knowing this will allows us to provide you with mini-COBRA information for that state as they apply to your wife and step-child in a divorce situation. In some states, mini-COBRA is only available to persons that have been insured under the group plan for at least 3 months.

Answered: May 02, 2010

 

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