Date: August 4, 2021

By: Attorney Jean Butler

Insurance for Divorced Servicemembers

Will I Have Health Coverage After my Divorce?

Most times after a divorce, a military member is left with two options in relation to health coverage. First, we will begin with what is known as TRICARE. In order to qualify for TRICARE a few requirements will need to be met. First off, in order to receive this type of coverage, the parties involved must have been married for a minimum of 20 years. To clarify, the 20/20/20 rule is followed. Furthermore, the rule means “20/20/20 rule” (20 years of marriage, 20 years of service, and 20 years of overlap).” Lastly, the length of this insurance depends on the martial status of the ex-spouse.

Continued Health Care Benefit Program (CHCBP)

To begin, this type of insurance is offered to servicemembers ex-spouses which do not qualify for TRICARE. The ex-spouse can purchase CHCBP. Furthermore, in the event the former spouse purchases CHCBP, they will have up to 36 months of coverage. This coverage will go into effect after the divorce or if the spouse was covered by TRICARE. In addition, this coverage may be extended up to 48 months if the 20/20/15 rule was met. To clarify, the 20/20/15 rule is basically the same as the 20/20/20 rule. 

Indefinite Continued Health Care Benefit Program

Former spouses may be entitled to receive continued medical coverage under CHCBP if they meet these requirements.

  • Must have been covered by TRICARE or another approved health benefits plan at any
    time during the 18-month period before the divorce.
  • Must not have coverage under any other health insurance plan 
  • Must be entitled to a share of the service member’s pension or Survivor
    Benefit Plan coverage
     
  • May not be remarried if below age 55 
  • Must pay quarterly advance premiums, and 
  • Must meet application deadlines. In particular, the former spouse must enroll in CHCBP within 60 days of losing their previous coverage (e.g., within 60 days of the entry of the divorce decree).  –Statesidelegal.org

Source:

Statesidelegal.org