Healthcare is one of the more important issues in our society. And, healthcare is frequently a very important issue in the military divorce case. Many times, military spouses do not have access to their own healthcare coverage outside the marriage.
A military spouse is entitled to varying degrees of continuing healthcare coverage, depending on whether they meet certain criteria. If you represent clients in military divorces, you should be aware of the options available to the 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 former spouse was married during 20 years of the servicemember's active duty service). See 10 U.S.C. § 1072(2)(F)(i). This coverage is not available if the former spouse remarries. Id. Nor is continuing coverage available if the former spouse has medical coverage under an employer-sponsored health plan. See 10 U.S.C. § 1072(2)(F)(ii).
PRACTICE TIP: The 20 years is not determined by date of filing. It is determined by the date the final judgment or decree is entered. So, if your client is on the verge of qualifying for 20/20/20 status, you should definitely advise the parties to consider waiting to have a final judgment entered. Doing so could significantly reduce the former spouse's need for alimony.
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 former spouse was married during 15 years of the servicemember's active duty service). See 10 U.S.C. § 1072(2)(G)(i). This coverage is not available if the former spouse remarries. Id. Nor is continuing coverage available if the former spouse has medical coverage under an employer-sponsored health plan. See 10 U.S.C. § 1072(2)(G)(ii).
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"). See 10 U.S.C. § 1078a. This program is not the same as TRICARE. Instead, it offers coverage similar to that available to insureds under more familiar 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 minimum length of marriage or active duty service. Transitional coverage for 36 months is available to any qualifying former spouse. See 10 U.S.C. § 1078a(g)(1)(C). And, unlimited coverage through CHCBP is available for former spouses who meet the following criteria: (i) former spouse was not remarried prior to age 55; (ii) 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) is actually receiving or entitled to receive (as evidenced by a court order or written agreement) a portion of the servicemember's retired pay or SBP annuity. See 10 U.S.C. § 1078a(g)(4). If a former spouse desires to participate in CHCBP, they must make an election within 60 days after their eligibility for TRICARE expires.
PRACTICE TIP: Remind former spouses about the 60-day window. This could have a substantial impact on the client who misses deadline. Also, If you negotiate a buyout of the former spouse's right to a share of the servicemember's retirement pay through alimony or additional equitable distribution (which is relatively common in shorter-term marriages), this may preclude the former spouse from qualifying for healthcare benefits.
To learn more about the Continued Health Care Benefit Program:
To review the Continued Health Care Benefit Program Handbook:
For a more detailed legal discussion of the CHCBP:
If you have questions regarding these or other rights in a military divorce, contact an experienced Tampa military divorce attorney.
