Many spouses, especially those who do not work full-time, depend on their partners for health insurance coverage. So, when a couple is divorcing, that previously dependant spouses often worry about how to pay for medical care.
The worry can be particularly acute if the spouse who provided health insurance was a federal employee. Federal employee health benefits are some of the most generous in the United States. It can be very difficult to find another insurance plan that offers comparable coverage.
After a divorce is finalized, an ex-spouse no longer qualifies as a "family member" and therefore cannot be covered under the federal employee's family benefits. This is true even if a court orders continued coverage.
However, this does not mean the ex-spouse must lose his or her coverage.
Former spouses of federal employees may continue to receive federal employee health benefits under a program called "spouse equity" if they meet the following qualifications:
- The divorce occurred either during the period of time the federal employee was working for the federal government or while he or she was receiving a federal annuity
- The former spouse was enrolled in a federal employee health benefits plan at some point in the 18 months before the marriage ended
- The former spouse is entitled to part of the federal employee's annuity or to a former spouse survivor annuity
- The former spouse does not remarry before age 55
To obtain this coverage, the former spouse must request coverage within 60 days of the divorce becoming final. Further, the former spouse is required to pay the entire premium instead of just the employee share.
It may take several months for a spouse equity application to be processed and approved. In the meantime, a former spouse can enroll for temporary continuation of coverage to maintain benefits under the federal employee health plan.
The process for maintaining health benefits is just one of the ways a federal employee divorce differs from an average marriage dissolution. Unique concerns also come into play surrounding issues such as pensions and retirement benefits, scheduled advancements and accumulated leave. If one of the spouses is a member of the military, the divorce can be even more complex.
If you are party to a divorce involving a federal employee or service member, you need a lawyer equipped to handle your special needs. Contact an experienced federal employee divorce attorney who can help you understand your options.
