COBRA Definition of Legal Separation
The Consolidated Omnibus Budget Reconciliation Act (COBRA) provides those who lose health benefits with a secondary outlet by which to secure health insurance. It provides insurance for a limited amount of time under select circumstances, including job loss, reduced hours at work, divorce, death, and other instances. Learn how COBRA defines the term "legal separation" as it relates to a marriage.
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COBRA Definition of "Legal Separation"
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COBRA, though it does so for divorce, doesn't provide its own definition for "legal separation," but rather leaves it up to individual states to define this term and how it may affect COBRA coverage for spouses.
States that Define Legal Separation
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In states that define "legal separation," spouses are treated as legally separated if they fit the definition of the state's definition of that term. Visit your state's website or contact your COBRA provider to find out if your state defines "legal separation."
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States That Do Not Define Legal Separation
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In those states in which "legal separation" is not technically defined, the term "legal separation" means nothing. COBRA rights are to be provided until divorce proceedings are carried out. For those couples living separately but who are still married, this does not qualify as an event that would result in the loss of coverage for employee dependents.
COBRA Documentation
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Some COBRA plan administrators will request supporting documentation in regards to legal separation and divorce. If a court provides approved legal separation papers, COBRA administrators will often accept this as a "qualifying event" for discontinuing spousal health coverage.
More Information on COBRA
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To get more information on COBRA, including its stance on legal separation, please visit the Department of Labor website (see Resources).
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