Divorce and Cobra

karen in nh · March 2005

Hi. I am new to the forum, and have a question.. In a divorce situation, the employee is not being cooperative in giving me a copy of his divorce decree showing that he is no longer responsible for his wife's insurances. His wife is opting to Corbra dental insurance. Do I really need to see a copy of the divorce decree? I am getting frustrated because I really don't want to see his divorce decree if I don't have to...My co-worker says I absolutely need it.. Any suggestions? Thanks everyone..

marc · March 2005

I am not the pro in this field, but I would say the divorce decree is the evidence of the "qualifying event" that allows COBRA to happen.

sandra_d · March 2005

Can't the ex-wife provide it to you, especially since she is requesting the COBRA? I believe COBRA regulations simply state that the plan adminsitrator needs to be notified -- whether it is by the employee or any other covered person, I don't believe it matters.

irenesmsaclaims · March 2005

You would need to see the judgement if your plan requires documentation.

The employee, spouse or other dependent can provide the notification of qualifying event. The time frame is within 60 days of the latest of the date of the QE, the date on which the QB loses (or would lose) coverage due to the QE, or the date on which the QB is informed, through the plan document/SPD or the general notice of his/her obligation to provide notice including the applicable procedures he or she must follow to provide such notice.

If you do not receive the notice timely (or documentation if the plan requires it), then you do not have to offer COBRA to the spouse.

Divorce and Cobra

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