You get 36 months, not 18 — and one deadline decides it
Losing coverage because of a divorce or legal separation is a qualifying event in its own right, and it carries the long entitlement: up to 36 months of continuation coverage for the ex-spouse and any dependent children, rather than the 18 months that follow a job loss.
It is the single most common way people lose COBRA rights after a divorce: nobody tells them the obligation is theirs, and by the time the coverage actually stops the window has closed.
What counts, and when the clock starts
A decree is required. A court decree of divorce or legal separation is the qualifying event. Filing for divorce, separating informally, or moving out is not — the plan is entitled to keep covering you until the decree, and the 60-day clock starts from the decree, not from the filing.
Watch for coverage dropped in anticipation. If an employee removes a spouse from the plan while a divorce is pending, and the divorce later happens, the earlier removal can still be treated as connected to the divorce — meaning COBRA rights may exist from the divorce date even though coverage stopped months before. If this happened to you, say so explicitly when you contact the plan; it is not something an administrator will volunteer.
Who elects what
The ex-spouse elects independently. You do not need your former partner's cooperation, agreement or signature, and their decision does not bind yours. The same is true of each child. That independence matters in a divorce more than anywhere else, and it is worth stating plainly to anyone who tells you otherwise.
What it costs, and the alternative
The same 102% of the full premium as any other COBRA — around $793 a month nationally for single coverage. Your ex-spouse's employer has no obligation to contribute, and in most cases will not.
The alternative is usually stronger here than after a job loss. Losing coverage through divorce opens a 60-day Special Enrollment Period for a marketplace plan, and — importantly — your subsidy is calculated on your own household income now, not the joint income you filed on last year. For a lower-earning ex-spouse that frequently produces a far cheaper plan than 36 months of COBRA.
Run both before deciding. COBRA's advantage is continuity of network and deductible; the marketplace's advantage is that it finally looks at your income alone.
The full comparison · What COBRA costs · Other ways people lose coverage
Common questions
How long does COBRA last after a divorce?
Up to 36 months for the ex-spouse and dependent children — twice the 18 months that follow a job loss. Divorce and legal separation are among the qualifying events that carry the longer entitlement.
Who has to notify the plan about a divorce?
You do. Unlike a layoff, where the employer notifies the plan, the qualified beneficiary must notify the plan administrator within 60 days of the divorce or legal separation. Miss that window and the right to COBRA is generally lost.
Does filing for divorce trigger COBRA?
No. A court decree of divorce or legal separation is required. Filing, separating informally or moving out does not qualify, and the 60-day notification clock runs from the decree rather than from the filing.
My ex removed me from the plan before the divorce was final. Do I still have rights?
Possibly. Where coverage is dropped in anticipation of a divorce that later happens, the loss can still be treated as connected to the divorce, creating COBRA rights from the divorce date. Raise this specifically with the plan administrator — it will not be offered.
Do I need my ex-spouse's agreement to elect COBRA?
No. Each qualified beneficiary elects independently. Your former partner cannot decline on your behalf, and their choice does not affect yours or your children's.
Is a marketplace plan cheaper than COBRA after a divorce?
Frequently, yes — more often than after a job loss. Marketplace subsidies are based on your own household income, which after a divorce may be far lower than the joint income you previously filed on. Losing coverage through divorce opens a 60-day Special Enrollment Period.
What if my ex loses their job while I am on COBRA?
That is a second qualifying event, but it does not extend you beyond the 36-month maximum, which is measured from the original divorce rather than from the new event.
Talk it through with a licensed agent
Which option is right depends on your state, your income and which doctors you need to keep. A licensed agent can walk through it with you in about eight minutes.
Free to call, no obligation, and we never ask you for payment. CobraScout is paid by the agency that answers, not by you. TTY 711.
Sources
- U.S. Department of Labor, FAQs on COBRA Continuation Health Coverage for Workers
- Centers for Medicare & Medicaid Services, COBRA Continuation Coverage fact sheet
- HealthCare.gov, Special Enrollment Periods and qualifying life events