Divorce is challenging under the best circumstances. In the midst of undoing all those “I Dos”, you will need to understand and apply your rights under COBRA. Learning the laws applicable to your situation under the Consolidated Omnibus Budget Reconciliation Act of 1986 known as COBRA is no less of a challenge and on par with Division of Assets and Visitation. If you follow the rules and act within the time periods allowed under the law to elect your coverage, you can remain covered under your former spouse’s group medical plan.

First, in general terms, most group health plans are required to provide continuation coverage for private employers maintaining plans that normally employ 20 or more employees on a typical business day during the preceding calendar year.

Continuation coverage must be provided if on the day before the event, you are a beneficiary under a group health plan. Be aware, however, that domestic partners are not qualified beneficiaries although many plans voluntarily provide continuation coverage to domestic partners. COBRA law sets the minimum standard of coverage. Employers are free to offer greater benefits than required by the law.

Timely notification of a qualifying event under COBRA laws is essential to preserve your continuation rights under a former spouse’s plan. Notify the plan administrator within 60 days after the date of the divorce or legal separation. This is not the day you and your spouse first decide to get a divorce. In fact, the correct period to mail a notice is often many months after you file for a divorce, so timing is everything. Knowing the rules and when to act can be the difference between keeping and losing your right to COBRA continuation coverage.

A plan administrator, once notified, has 14 days to alert you and your family members -in person or by first-class mail- about your right to elect COBRA. Keep in mind, however, that because COBRA is considered a burden to administer by many employers, declining coverage to an otherwise qualified beneficiary who failed to elect coverage within the election period is a legal “out clause” that an employer may look to take advantage of and not provide the COBRA extension.

The beneficiary spouse, after receiving a COBRA Election Notice which describes their rights to continue coverage, must have at least 60 days from the later of the qualifying event, date coverage was lost or the date of the COBRA notice to elect extended coverage. Here again you must keep in mind that most employers will hire a COBRA administrator to get you off COBRA as opposed to keeping you on COBRA. Since the election period runs from the date of the notice, it is important to guard against the possibility of a misdirected COBRA notice. Qualified beneficiaries should be sure that the COBRA administrator, not always the former employer, has a current address for the COBRA participant and beneficiaries and that the postal mailing information is kept up to date. Use certified mail with delivery confirmation to protect your rights.

The provisions of the law allow the employer to pass on the full group medical cost of providing continuation coverage to the COBRA participant, including a 2-percent charge for administration. So, if the full cost of coverage that the employer pays is $400, then your bill will be $408 per month.

Finally, even if know and have complied with all of the rules, and completed your paperwork correctly, you still can be foiled in your efforts to remain on the plan by a misinformed or vengeful spouse. Therefore, having an expert COBRA advocate on your side of the table, working for you, to ensure compliance and enrollment into the COBRA continuation plan, can often be the difference in getting coverage or not. Successfully transitioning onto the COBRA plan is even more important when you have a pre-existing condition. Fortunately, once enrolled, you may stay on the plan for as long as 36 months.