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    csuire's Avatar
    csuire Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Dec 23, 2010, 07:26 AM
    What happens when an employee does not notify the employer of a divorce?
    The employee did not notify HR until a year after the divorce. Is the spouse still eligible for Cobra even though the employee did not notify the employer in a timely manner?
    I wish's Avatar
    I wish Posts: 5,296, Reputation: 2030
    Family & People Expert
    		  
    #2

    Dec 23, 2010, 07:35 AM

    Seems like there's a right to cover retroactive payments that the employee was not actually entitled to.

    You'll have to find a way to prove the actual date of divorce. If he's not going to do it willingly, it might require a more aggressive approach, starting with a warning letter to a court order.
    csuire's Avatar
    csuire Posts: 2, Reputation: 1
    New Member
    		  
    #3

    Dec 23, 2010, 08:18 AM
    Comment on I wish's post
    A year later he is requesting to remove her from his policy (we do not charge extra for family coverage)- since he nor his spouse notified the company within 60 days of the event do we still have to provide Cobra to the spouse?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
    		  
    #4

    Dec 23, 2010, 08:52 AM

    Hello c:

    I don't know the particular law you're speaking of... However, I DO know how the law works... IF she's eligible for COBRA based on her PRESENT circumstances, then she is. If she's not, then she's not. What you were told or not told makes no difference today. You have been informed as of today, and it's TODAY'S circumstance that rules...

    excon
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