Health Benefits Advisor

Not Covered Under Former Spouse's Group Health Plan on Last Day

If you and your dependent children were not covered under your former spouse's group health plan on the day before your legal separation or divorce from your former spouse, you and your dependent children do not have the right to COBRA continuation coverage, unless your former spouse dropped your coverage earlier in anticipation of divorce.

However, there may be other options available that may assist you and your family in obtaining health coverage. You may be eligible for Medicaid, Medicare, CHIP (Children's Health Insurance Program) or other health coverage.

In choosing among the options available to you, you should review the SPD (Summary Plan Description) for each available group health plan to determine which plan best meets your needs. You should also review and compare the information on the other coverages for which you are eligible. In making your decision, you may want to consider such things as:

1. Any waiting period (or affiliation period) imposed under the plans;
2. Types of benefits offered (Is dependent coverage available? Do the benefits cover your family's medical needs?);
3. Cost of coverage (premiums, co-payments and deductibles for prescription drugs and doctor visits);
4. Limitations on coverage; and
5. Any exclusions from coverage (treatments, procedures, conditions or prescription drugs).

• Return to the Legal Separation and Divorce Page
• Return to the Life and Work Events Page
• Return to the Employees and Their Families Page
• Return to the Information for Uninsured Persons Page
• Go to Department of Labor elaws Home Page