Many spouses who once relied on their partner's income worry about how they will support themselves after a divorce. This is especially true when it comes to health care coverage - without an employer to share in the cost, health insurance can frequently be prohibitively expensive.
More often than not, divorced spouses will be kicked off their ex's health insurance policy and left to find their own coverage. However, in military divorces, former spouses of service members may still be entitled to health care benefits.
Eligibility Depends on Length of the Marriage
Health care coverage in military divorces follows what is commonly referred to as the "20/20/20" rule. Under that rule, nonmilitary spouses are entitled to full military healthcare if their marriage lasted for over 20 years, their ex has at least 20 years of military service and there are at least 20 years of overlap between the marriage and the military service.
This coverage is only available to nonmilitary ex-spouses who do not have coverage under an employer-sponsored plan.
Some nonmilitary spouses may also be eligible for indefinite coverage under the military's health care plan if they meet all of the following conditions:
- They are entitled to a share of their ex-spouses pension or Survivor Benefit Plan
- They are not remarried (if under age 55)
- They agree to pay quarterly advance premiums
- The meet all the deadlines for initial application
Spouses who do not otherwise qualify for coverage under the military health care plans may be able to request a temporary continuation of benefits to keep them insured until they can find their own coverage.
Nonmilitary spouses wishing to pursue health care coverage under a military plan should be sure to discuss this issue with their divorce attorney at the outset of the divorce process.
Experience Matters
Military divorces raise many unique issues that need to be handled by an experienced attorney. If you or a loved one is ending a marriage to a service member, contact a military divorce attorney in your area.
