Health Care Benefits

Healthcare is a critical issue in military divorces. Many times, military spouses do not have access to their own healthcare coverage outside their marriage to a service member. A military spouse is entitled to varying degrees of continuing healthcare coverage after a divorce, depending on whether he or she meets certain criteria. 

A.         20/20/20 Former Spouse

A "20/20/20 former spouse" qualifies for lifetime continuing healthcare coverage if the service member served at least 20 years of active duty, the parties were married at least 20 years, and there was at least 20 years of overlap (i.e., the parties were married during 20 years of the service member's active duty service). This coverage is not available if the former spouse remarries. Nor is continuing coverage available if the former spouse has medical coverage under an employer-sponsored health plan. 

B.        20/20/15 Former Spouse

A "20/20/15 former spouse" qualifies for one year of continuing healthcare coverage if the service member served at least 20 years of active duty, the parties were married at least 20 years, and there was at least 15 years of overlap (i.e., the parties were married during 15 years of the service member's active duty service). This coverage is not available if the former spouse remarries. Nor is continuing coverage available if the former spouse has medical coverage under an employer-sponsored health plan. 

C.      Continued Health Care Benefit Program

If the former spouse does not qualify for continuing coverage under either of the foregoing plans, he or she may be eligible for coverage under the Continued Health Care Benefit Program ("CHCBP"). 

This program is not the same as TRICARE.  Instead, it offers coverage similar to that available to insureds under civilian programs such as COBRA.

CHCBP is available for former spouses who were entitled to medical and dental care through a qualified service member. CHCBP provides guaranteed coverage, including coverage for any preexisting conditions. So long as coverage was previously available to the former spouse, there is no requirement of a minimum length of marriage or active duty service. Transitional coverage for 36 months is available to any qualifying former spouse.  And, unlimited coverage through CHCBP is available for former spouses who meet the following criteria: (i) the former spouse was not remarried prior to age 55; (ii) the former spouse was enrolled in an approved healthcare plan at any time during the 18 months preceding the date of the final judgment of dissolution; and (iii) the former spouse is actually receiving or entitled to receive (as evidenced by a court order or written agreement) a portion of the service member's retired pay or SBP annuity. If a former spouse desires to participate in CHCBP, he or she must make an election within 60 days after eligibility for TRICARE expires.  

We can help you make sense of your health care rights and advise you how to make sure your other rights are protected in a Florida military divorce or family law case.

Please continue reading to learn more about us.  If you or someone you care about is facing a military divorce or family law case, we can help.  Please do not hesitate to call us today at (813) 331-5699 or contact us online.