Continuing Insurance Coverage After Divorce

If you have questions about divorce, legal separation, alimony pendente lite, or alimony in Connecticut, please feel free to call the experienced divorce attorneys at Maya Murphy, P.C. in Westport today at 203-221-3100 or email Joseph C. Maya, Esq. at JMaya@Mayalaw.com.

Federal law provides a right to continued health insurance coverage from “plans” covered by the federal ERISA. ERISA sets minimum standards for most voluntarily established pension and health plans in private industry to provide protection for individuals covered by those plans.

ERISA requires that covered plans provide participants with information about the plans features and funding; requires plans to establish a grievance and appeals process for participants to get benefits from their plans; and gives participants the right to sue for benefits and breaches of fiduciary duty.

In addition, The Consolidated Omnibus Budget Reconciliation Act (COBRA) gives workers covered by certain other plans ³ and their families who lose their health benefits the right to continue their group health benefits for a limited period if that loss is the result of certain circumstances such as a voluntary or involuntary job loss, reduction in the hours worked, transition between jobs, death, divorce, and other life events. Qualified individuals may be required to pay the entire premium for coverage up to 102 percent of the cost to the plan.

Employers must notify the health insurance plan administrator that a qualifying event has occurred within 30 days after that event (e.g. employee death, termination, reduced hours of employment or entitlement to Medicare).

A qualified beneficiary must notify the health insurance plan administrator within 60 days after divorce or legal separation or a child’s ceasing to be covered as a dependent under plan rules of that fact.

Plan participants and beneficiaries generally must be sent an election notice not later than 14 days after the plan administrator receives notice that a qualifying event has occurred. The individual then has 60 days to elect COBRA continuation coverage and 45 days after electing coverage to pay the initial continuation coverage premium.

For a free consultation, please do not hesitate to call the experienced family law and divorce attorneys at Maya Murphy, P.C. in Westport, CT at 203-221-3100. We may also be reached for inquiries by email at JMaya@mayalaw.com.

Source: AVVO