Divorce Decree and COBRA: Ex-Spouse Not Automatically Entitled Unless Decree Specifies COBRA Continuation

COBRA (Consolidated Omnibus Budget Reconciliation Act) allows qualified beneficiaries to continue employer-sponsored group health coverage for 18–36 months after a qualifying event (divorce = qualifying event).

Key Distinction

• Divorce Decree Orders Coverage: May mandate ex-spouse be "provided health insurance" — but does not automatically trigger COBRA unless it explicitly states "COBRA continuation at employee's expense" or similar.
• Employer's Obligation: Only arises if COBRA election notice is sent and premium paid by qualified beneficiary.

Practical Steps

1. Review decree language with family law attorney.
2. If COBRA intended, ensure decree specifies: "Husband shall maintain Wife on COBRA for [period]; Wife pays 102% premium."
3. Contact plan administrator to confirm eligibility and election timeline (60 days).
4. Explore ACA marketplace (special enrollment) — often cheaper than COBRA.

Ambiguity leads to coverage gaps. Clarify in decree or post-decree stipulation.