Quick answer
If you were covered through your spouse’s job, you can usually keep that same coverage through COBRA for up to 36 months after their death, though you may have to pay the full premium plus up to 2%. You also have 60 days to choose a marketplace plan, which may cost less with a premium tax credit. Depending on your age and income, Medicare or Medicaid may be options too.
Key takeaways
- A spouse’s death is a COBRA qualifying event; surviving spouses and children can keep coverage for up to 36 months. The same 36-month limit applies after a divorce; see health insurance after a divorce.
- You have 60 days from the COBRA notice to elect it, and coverage is retroactive once you pay.
- Losing coverage gives you a 60-day special enrollment period for a marketplace plan.
- A drop in household income may qualify you for a larger tax credit or Medicaid.
- If you’re 65 or older, look at Medicare; you may qualify for premium-free Part A based on your spouse’s work record.
On this page
Your options at a glance
| Option | What to know |
|---|---|
| COBRA | Keeps the same plan and doctors for up to 36 months. You pay up to 102% of the full premium unless the employer helps |
| Marketplace plan | 60-day special enrollment period; a tax credit based on your new household income may lower the cost |
| Your own job-based plan | Losing coverage is a qualifying event, usually with 30 days to enroll |
| Medicaid | If your income is low; apply any time |
| Medicare | If you’re 65 or older, or qualify through disability |
COBRA
If your spouse’s employer had 20 or more employees, federal COBRA rules let you and your children keep the same group plan for up to 36 months. Many states have similar rules for smaller employers. The plan must send you a notice, and you have 60 days to elect coverage. Because the employer usually stops paying its share, COBRA can cost much more than you paid before. See COBRA health insurance.
COBRA keeps your doctors, your PPO or HMO network, and the deductible you’ve already met this year, which can matter in the middle of treatment.
A marketplace plan
A marketplace plan is often cheaper than COBRA, especially if your household income dropped. You have 60 days from losing coverage to enroll. You can also choose COBRA now and switch to a marketplace plan at open enrollment, but dropping COBRA mid-year on purpose doesn’t give you a new enrollment window. Costs depend partly on where you live; see which cities spend the most on health care.
Job-based coverage of your own
If you work, or return to work, your employer’s plan may be the best deal; see is it cheaper to get health insurance through your employer. Losing coverage through your spouse is a qualifying event, usually with 30 days to join your own plan. If you’re weighing plans, see can you drop your employer-sponsored health plan.
Covering your children
Children who were on your spouse’s plan can also get COBRA, join your plan or a marketplace plan, or qualify for Medicaid or CHIP. See family health insurance.
Planning ahead
If your family depends on one spouse’s job-based coverage, it helps to know your options now: check whether the employer offers survivor or retiree coverage, and how COBRA works. See can a spouse be dropped from health insurance while still married for other ways spousal coverage can end.
When you’re ready, compare plans that may cost less than COBRA: see quotes by ZIP code.
Frequently asked questions
How long can I keep my late spouse’s health insurance?
Through COBRA, usually up to 36 months after their death.
Do I have to decide right away?
No. You have 60 days after receiving the COBRA notice to elect it, and 60 days after losing coverage to choose a marketplace plan.
Can I get Medicare based on my spouse’s work record?
If you’re 65 or older, you may qualify for premium-free Part A based on your late spouse’s work history. Social Security can check.
Sources
This article is general information, not legal or financial advice. We’re sorry for your loss; if you need help sorting out coverage, a SHIP counselor, marketplace assister or benefits office can walk you through it. Last reviewed September 2026.