When Getting a Divorce Remember: COBRA
The Consolidated Omnibus Budget Reconciliation Act of 1985 can play a huge role in the lives of those who were divorce.
As a separated or divorced individual, it is important that you keep yourself updated with the current state laws or statutes that may affect your rights and obligations. Even if you've hired the best family law attorney, there is still a need to have a working knowledge or basic understanding of the laws concerning divorce and related matters.
The Consolidated Omnibus Budget Reconciliation Act of 1985 is commonly known as C.O.B.R.A. which was passed by Congress in 1986. Under this law, certain employers are required, at particular group rates, to prove continued health insurance coverage up to three years for divorced persons, widows, spouses of retiring workers and their children. In relation to dissolution of the marriage contract, this federal statute extends additional medical insurance protection to the dependents of an employed-insured spouse who is separated.
As to the implementation of COBRA, there is a need to comply with certain laws such as those found under the Internal Revenue Code, Employee Retirement Income Security and the United States Constitution. There are many benefits that certain citizens may avail of from this statute. COBRA ensures that the spouses and children of a particular employee can still be covered by the latter's group health plan for three years from the date of legal separation or divorce. There is a need to comply with very strict notice requirements. Beneficiaries must constantly check the company notice requirements in order to guarantee that all their rights and interests are protected.
In order for a party to become eligible for COBRA coverage, it is a requisite that the said individual must have been enrolled in the employer's health plan when he or she worked and the health plan must continue to be in effect for active employees. It must be noted that the coverage under the Consolidated Omnibus Budget Reconciliation Act would is available only until upon the occurrence of a qualifying event that would cause an individual to lose his or her health care coverage.
If you have more questions about this statute, the best thing to do is to contact a lawyer. Let the said professional shed some light on the benefits that you can get from the said law. Take note that under COBRA, it is not only the former spouse who may be entitled to some benefits but also the children from the dissolved marriage.
References: What is COBRA?
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