Getting Medical Benefits For Ex-Spouses After a Military Divorce

Getting Medical Benefits For Ex-Spouses After a Military Divorce

Going through a divorce is never easy, but it can be especially challenging for military families. One big concern for many spouses is understanding what will happen to their military medical benefits after the divorce is finalized.

Luckily, there are some protections in place for ex-spouses of service members. The Uniformed Services Former Spouses Protection Act provides certain benefits to former spouses who meet certain requirements. This article will explain the rules around medical benefits for ex-spouses, including TRICARE, commissary access, and more. We’ll also discuss other considerations like life insurance and remarriage.

The 20/20/20 Rule for Medical Benefits

In order to qualify for military medical benefits as an ex-spouse, you must meet what is known as the 20/20/20 rule:

• You were married to the service member for at least 20 years
• Your marriage lasted at least 20 years
• There was at least a 15 year overlap between the marriage and the period of military service

If you meet these requirements, you are eligible for an indefinite ID card and can continue to access military medical benefits through TRICARE, as well as commissary and exchange privileges.

The 20/20/15 Rule

If your marriage and service member’s time in the military overlapped by at least 15 years, but not 20, you may still qualify for transitional medical coverage under the 20/20/15 rule. This provides you with one year of TRICARE medical benefits after the divorce is finalized. However, you do not receive commissary or exchange access under this rule.

How Divorce Impacts Ongoing Medical Benefits

If you already have access to military medical benefits like TRICARE during your marriage, you can continue to use these benefits until the divorce is finalized – regardless of whether you ultimately meet the 20/20/20 requirements. Your coverage and benefits will continue uninterrupted up to the official date of divorce.

On the day your divorce goes through, your eligibility as a military spouse ends. If you do not meet the 20/20/20 or 20/20/15 rules, you will lose access to TRICARE and other military medical benefits as of 12:01am on the day your divorce is finalized. So it’s important to have a plan in place for alternate health insurance coverage.

Using TRICARE After Divorce

For ex-spouses who do meet the requirements to keep TRICARE, there are a few important things to know:

• You will need to update your information in DEERS and get a new military ID card showing your status as a former spouse
• Your TRICARE coverage will continue uninterrupted, but you may need to take action to update your regional contractor
• You will have your own unique TRICARE health benefit number for coverage and claims
• You cannot continue using your spouse’s information or benefits after the divorce

In many cases, coverage levels and costs stay the same after divorce. But it’s important to understand the specifics for your health plan. For example, some programs require enrollment fees for former spouses. Your regional contractor can walk you through any changes.

Life Insurance Benefits After Divorce

The Servicemembers’ Group Life Insurance (SGLI) program and Family Servicemembers’ Group Life Insurance (FSGLI) program offer low-cost life insurance to military members. Spouses are also eligible for coverage under FSGLI.

In the event of divorce, here is how these benefits are impacted:

• The service member can continue SGLI coverage with no changes
• As an ex-spouse, you are no longer eligible for FSGLI coverage
• If you already have FSGLI, you can convert it to a private policy within 120 days of the divorce

So if you want to maintain life insurance coverage, you will need to convert or seek out a civilian policy after your divorce is finalized.

Impact of Remarriage on Medical Benefits

If you remarry after a military divorce, you will lose eligibility to continue using military medical benefits. For example, under the 20/20/20 rule, remarriage cuts off your access to TRICARE.

However, if the subsequent marriage ends in death, divorce, or annulment, you can regain eligibility for military medical benefits as a former spouse. You would once again need to update DEERS and get a new ID card reflecting your status change.

Other Health Insurance Options After Divorce

Losing military medical benefits can be a huge hardship after a divorce. Here are some other options to look into if you don’t qualify to keep TRICARE:

• Look into plans on the Health Insurance Marketplace which offer income-based discounts
• See if you can get on a plan through your employer or school program
• Consider extending or converting other insurance policies you already have
• Research plans like Medicaid if you meet eligibility requirements

Shopping for health insurance can be confusing, but there are resources to help. Reach out to healthcare.gov, state agencies, or private brokers to walk through your options.

The Impact of Custody on Children’s Benefits

If you have children from your marriage, their eligibility for military benefits is not directly affected by divorce. Dependents of service members can continue their coverage until age 21 or 23 if enrolled in college.

The parent who has primary physical custody will manage the child’s benefits and enrollment. But it is possible to make arrangements to share costs and coverage responsibilities.

Be sure children are properly enrolled in DEERS with the right contact information. This will ensure their military identification cards are updated with the latest status after the divorce.

Working with Your Ex-Spouse

Navigating military divorces and benefits requires coordination between you and your ex-spouse. Here are some tips for making the process go more smoothly:

• Communicate about any benefits changes and insurance coverage needs
• File paperwork and submit documents in a timely manner
• Look out for any correspondence from DEERS or TRICARE and respond promptly
• Agree on points of contact for managing children’s ongoing health care
• Be transparent about any major life changes like remarriage that could impact benefits

Having an open line of communication with your former spouse helps avoid gaps in care and ensures a smoother transition.

• Keep discussions focused on the children – Avoid getting into arguments about the past or blaming each other. Stay focused on coordinating care for the kids.
• Use email if needed – Email can be helpful for creating a paper trail and keeping things civil. But also make time for in-person or phone chats.
• Share school and activity schedules – Make sure you both have calendars for sports events, school conferences, doctor appointments, etc.
• Split up responsibilities – Divide and conquer things like paperwork, transportation, enrollment, etc. to reduce confusion.
• Be transparent about changes – Promptly share any changes in contact info, benefits, legal matters, partners, etc. that could impact coordination.
• Communicate respectfully – Avoid inflammatory language and put-downs. Be the bigger person and keep conversations constructive.
• Allow grace and flexibility – Understand there may be slip-ups as you adjust to your new normal. Don’t catastrophize small issues.
• Use mediators when needed – Seek outside help from counselors, lawyers or mediators if communications break down.
• Focus on the kids – Remind each other that your children’s well-being should be the priority despite your differences.

Divorce is difficult under any circumstances. But maintaining open and constructive communication with an ex-spouse is crucial for ensuring stability and continuity of care for children impacted by a military family split. If both parents approach discussions with empathy, flexibility and compromise, the transition can be far less disruptive for kids already dealing with major life changes.