COBRA Qualifying Events and Notice Deadlines

Federal COBRA does not apply to every job-based plan. It generally applies to group health plans maintained by private-sector or state and local government employers with at least 20 employees on more than 50% of typical business days in the previous year. Federal employee, church, and certain other plans follow different rules.

COBRA prerequisites

A qualifying event alone is not enough. The plan must be subject to COBRA, the person must generally have been covered the day before the event, the event must cause a loss of coverage, and the employer must continue a group health plan. The person must also be a qualified beneficiary. Plan terms and facts control.

Common qualifying events

Event	Potential qualified beneficiaries	Common maximum period
Termination of employment, except gross misconduct, or reduction in hours	Employee, spouse, dependent children who lose coverage	Generally 18 months, subject to extensions and early termination
Death of covered employee	Spouse and dependent children who lose coverage	Generally up to 36 months
Divorce or legal separation	Spouse and dependent children who lose coverage	Generally up to 36 months
Loss of dependent status under plan terms	The dependent who loses coverage; turning 26 is a common example	Generally up to 36 months
Covered employee's Medicare entitlement	Spouse and dependents, only when the entitlement causes their loss of coverage	Timing and duration are fact-specific

Medicare timing can change the result. The employee's Medicare entitlement does not universally produce 36 months for dependents. Whether it is a qualifying event, whether coverage is lost, and whether it occurs before or after another event can matter. Ask the plan administrator and Medicare about the actual sequence.

Who gives notice?

Event	Who generally notifies whom	General federal timing
Termination, reduction in hours, death, or covered employee's Medicare entitlement	Employer notifies plan administrator	Generally within 30 days of the event
Divorce, legal separation, or loss of dependent status	Employee or qualified beneficiary notifies plan using its required procedure	The plan may set a reasonable deadline, but it generally cannot be earlier than 60 days from the later of the event or loss of coverage
Election notice after administrator receives proper notice	Plan administrator sends notice to qualified beneficiaries	Generally 14 days; a 44-day combined period can apply when the employer is also the administrator. Multiemployer plans can follow plan-specific rules.

Follow the plan's written notice procedure, address, and proof requirements. Keep copies and delivery confirmation. Do not assume HR will handle a divorce or loss of dependent status.

The election period

Each qualified beneficiary generally gets at least 60 days to elect, measured from the later of the date coverage would be lost or the date the election notice is provided. A spouse or dependent can make a different election from the employee.

Marketplace enrollment may be separate

A loss of qualifying health coverage may trigger a Marketplace SEP; an event such as divorce without a resulting loss of coverage does not by itself create that loss-of-coverage SEP. Check HealthCare.gov promptly and verify documentation, effective date, and first-premium timing.

Need help organizing the notices and options?

A 15-minute call can help list questions and review available coverage paths. For disputed federal COBRA rights, contact EBSA or legal counsel.

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About the author: Caden Douglas, Florida insurance license G056803. Florida license lookup.

Primary sources

Sources accessed and content reviewed August 18, 2026.

Disclosure: General insurance education only; not legal, tax, or medical advice, an eligibility decision, or a binding quote. Follow the plan's notice procedure; official notices and plan documents control. Caden Douglas is not affiliated with or endorsed by a government agency. No separate consumer fee is charged for the 15-minute consultation described here. Caden Douglas may receive insurer compensation if enrollment occurs through him; appointments and products vary, and he does not represent every plan. Report a correction through douglasinsurancegrp.com. Privacy · Terms.