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If a person covered under a company group plan divorces and keeps the ex-spouse on their plan, but eventually re-marries, is the ex-spouse now eligible for COBRA?

No, the ex-spouse really isn’t eligible because they shouldn’t have been kept on the plan as a spouse in the first place.

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At the time of the separation or divorce, the employee should have informed his or her employer. At that point, the spouse could have continued on the health plan under COBRA for up to 36 months. But the window for the ex-spouse joining COBRA has long passed, and they shouldn’t have been kept on the health plan.

Last updated: Dec. 20, 2013
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