Following a divorce, the ex-spouse will remain on the employee’s insurance benefits through the end of the month that the divorce occurs. The ex-spouse cannot remain on the employee’s coverage past this time, even if the divorce decree states insurance must be maintained because the ex-spouse is no longer an eligible dependent on the state plan unless the ex-spouse is eligible for and timely enrolled in COBRA coverage.
For an ex-spouse to be eligible for COBRA, he or she must have been covered on the employee’s insurance plan at the time of the divorce. The employee must notify his or her employer of the divorce within 60 days of the date of the divorce, complete an insurance cancel request application and submit the cancel request application to the agency benefits coordinator, along with a copy of the divorce decree that has been signed by the judge. If this documentation has not been received by the Agency Benefits Coordinator within 60 days of the date of the divorce, the ex-spouse will not be eligible for COBRA benefits.
After Benefits Administration has processed the cancel request application, a COBRA letter usually generates within two-three business days. It is mailed in the ex-spouse’s name to the address of the ex-spouse or the ex-spouse’s attorney. If an address is not provided for the ex-spouse or the ex-spouse’s attorney, the COBRA notice will be mailed to the employee’s address. If the ex-spouse does not receive the COBRA letter, he or she may contact Benefits Administration at 615-741-3590 or 800-253-9981 and select option four for COBRA and request another copy to be mailed to the ex-spouse’s current address.
The ex-spouse can enroll in COBRA coverage for a period up to 36 months. The ex-spouse may cancel COBRA benefits within the 36 month period by submitting a request to cancel COBRA. See, “How I Cancel COBRA”, above.