The primary Benefit issue in the situation of a legal marriage separation or divorce is the COBRA continuation right for the dependents covered under the Medical, Dental and/or Vision plans.

The dependent spouse and children in a separation/divorce situation are eligible for up to 36 months COBRA continuation of the Medical, Dental and/or Vision Plans, subject to enrollment and the payment of the necessary premiums.

The dependents will be notified of their COBRA rights once they are terminated from the group plan, and from that notification date they have 60 days to enroll and pay the premiums for the COBRA continuation coverage.

The other issue for the employee to consider is with regards to the Flexible Spending Account/Dependent Care Account.  In a separation/divorce situation, the employee already participating in the plan has the right to decrease or cease the contributions for the dependents in the Flexible Spending Account/Dependent Care Account due to the change in family status.  See the form section below for the necessary forms to be completed.