COBRA & Under-65 Health Insurance Guidance
Reviewed by Prodest Insurance Group, a licensed insurance agency (NPN 19515569) · Updated 28 October 2026 against current federal guidance.
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| Qualifying event | Who may continue | Maximum period |
|---|---|---|
| Job loss, for any reason other than gross misconduct | Employee, spouse, dependent children | 18 months |
| Reduction in the employee’s hours | Employee, spouse, dependent children | 18 months |
| Divorce or legal separation | Spouse, dependent children | 36 months |
| Death of the covered employee | Spouse, dependent children | 36 months |
| A child loses dependent status under the plan | That dependent child | 36 months |
| The employee enrolls in Medicare | Spouse, dependent children | 36 months |
| Event | Who notifies the plan | Deadline |
|---|---|---|
| Job loss or reduction in hours | Your employer | 30 days |
| Death of the covered employee | Your employer | 30 days |
| Employer bankruptcy | Your employer | 30 days |
| Divorce or legal separation | You | 60 days |
| A child losing dependent status | You | 60 days |
| Life event | Window to enroll | Notes |
|---|---|---|
| Losing job-based, individual, or student coverage | 60 days | Includes COBRA running out. Losing coverage for non-payment does not count |
| Losing Medicaid or CHIP | 90 days | A longer window than other coverage losses |
| An employer or government COBRA subsidy ending | 60 days | You may move to a Marketplace plan when the subsidy stops |
| Turning 26 and aging off a parent’s plan | 60 days | Coverage may run to the end of the month or plan year |
| Getting married | 60 days | Coverage can begin the first day of the following month |
| Having a baby, adopting, or fostering | 60 days | Coverage can be backdated to the date of the event |
| Moving to a new area with different plans | 60 days | You generally must have had coverage before the move |
| Divorce or legal separation that costs you coverage | 60 days | The loss of coverage is what triggers it, not the divorce itself |
Yes, for the Marketplace. COBRA running out counts as losing job-based coverage and opens a 60-day Special Enrollment Period to buy an individual or family plan. It does not count if coverage was lost because premiums went unpaid.
No. Choosing to end coverage you could have kept is not the same as losing it, and it does not open a Marketplace Special Enrollment Period. Letting COBRA run out completely does. That is why the moment you lose job-based coverage is the time to compare both options.
COBRA ending opens a 60-day Special Enrollment Period on the Marketplace. If you are losing Medicaid or CHIP instead, the window is 90 days. You may be asked to send documents proving the event before coverage can begin. A licensed agent can confirm which window is open and how long you have.
Job loss for any reason other than gross misconduct, a reduction in hours, divorce or legal separation, death of the covered employee, a child losing dependent status under the plan, or the employee enrolling in Medicare in a way that costs a spouse or child their coverage. An event only counts if it actually causes a loss of coverage under the plan.
18 months after job loss or a reduction in hours. 36 months for divorce or legal separation, death of the covered employee, a child losing dependent status, or the employee's Medicare enrollment. Two situations can extend the 18-month period: a disability determination or a second qualifying event.
Yes, in two ways. If Social Security determines that a qualified beneficiary is disabled before the 60th day of COBRA coverage, all qualified beneficiaries may receive an additional 11 months, up to 29 in total, and the plan may charge up to 150 percent during the extension. If a second qualifying event such as a divorce or death occurs during the initial 18 months, coverage may extend to 36 months in total.
Yes. Job loss counts whether you quit, were laid off, or were let go. Gross misconduct is the single exception.
For job loss, reduced hours, death of the employee, or employer bankruptcy, your employer notifies the plan within 30 days. For divorce, legal separation, or a child losing dependent status, the responsibility is yours, and the deadline is 60 days. Once the plan knows, it must send an election notice within 44 days of the event, or within 14 days of being notified by you.
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