Military Health Benefits for Divorced Spouses

Upon dissolution of marriage, the former spouse of a military member or retiree who meets the criteria may continue to receive certain benefits, such as health coverage. These benefits are statutory, which means a qualified former spouse who qualifies will receive them upon applying, without regard for what a court order may say. As such, they are not benefits which a judge may award or a military member may threaten to withhold.

Benefits During Separation

Until a final decree of dissolution is issued, a civilian spouse separated from a military member retains full military privileges, including ID card, medical, military exchange, commissary, etc. Though the service member can terminate the civilian spouse's ability to cash checks on post by going to the PX/BX, he/she cannot confiscate the spouse's ID card, or otherwise suspend the spouse's military privileges.

Legal Separation

A spouse who is legally separated (Colorado is among the few states which issues decrees of legal separation) is treated as married for purposes of the ID card and access to military benefits. However, the judge will have already divided the marital estate, so a legally separated spouse typically will not continue to accrue military retirement credit after the decree is issued.

Spouses who do not presently intend to remarry may wish to discuss with their attorney whether a legal separation is an option. Moreover, a spouse who is close to receiving 20/20/20 benefits can be legally separated until meeting that threshold, then convert the matter to a divorce and retain full benefit.

20/20/20 Benefits to Former Spouses

A former spouse who was married to a military member for at least 20 years overlapping the military service  qualifies for medical benefits (but not dental), plus certain other benefits set forth below.

Eligibility is under the former spouse's own SSN, not the member's SSN, so the former spouse should contact DEERS to advise of the dissolution, and arrange for the change in "sponsor."

Pursuant to 10 U.S. Code § 1072(2)(F), a former spouse of a service member is defined as a dependent, and therefore entitled to all military benefits and installation privileges, including medical, commissary, military exchanges (PX/BX), etc. The criteria for 20/20/20 benefits are:

  • Married at least 20 years,
  • The member had at least 20 years of creditable service, and
  • There were at least 20 years of overlap between the marriage and the military service.

20/20/15 Transitional Benefits

Pursuant to 10 U.S. Code § 1072(2)(G) & (H), a former spouse who meets the 20/20/15 criteria is a dependent solely for purposes of military medical care only, and receives one year of transitional medical benefits. No other benefits are available, such as commissary, PX/BX, etc. The criteria for 20/20/15 benefits are::

  • Married at least 20 years,
  • The member had at least 20 years of creditable service, and
  • There were at least 15 years of overlap between the marriage and the military service.

Suspension of Benefits

Remarriage terminates medical benefits, and suspends during the marriage other installation privileges, such as commissary, military exchange, etc. The suspended benefits are reinstated should that follow-on marriage end by death or dissolution.

Medical benefits are suspended for any period of time when the former spouse is covered by an employer-sponsored health care plan.

Career Under 20 Years

Though rare, a military member may occasionally be permitted to retire with fewer than 20 years of service (typically a medical retirement, but sometimes an early retirement is offered as part of a downsizing). In such cases, a former spouse is NOT entitled to any benefits, regardless of how long the couple was married, because in both 20/20/20 and 20/20/15 the second prong, 20 years of service would not be satisfied.

Though a member taking early retirement is entitled to Tricare, and the spouse would be entitled if still married, the statute contains no exception to cover early retirement. There is no "20/18/18" rule for a former spouse, and no former spouse benefits absent at least 20 years of service.

Reserve Credit & 20/20/20 Former Spouse Benefits

Does reserve time count towards 20/20/20? The answer is "it depends", and even then, the more military practitioners you ask, the more answers you'll end up with.

The statute does not clarify whether "creditable service" means reserve or active time, but simply requires that the years be "creditable in determining that member's or former member's eligibility for retired or retainer pay". Undeniably, reserve time counts towards reserve benefits - a former spouse married to a reservist for more than 20 years of reserve time is eligible for 20/20/20 benefits upon the reservist actually becoming eligible.

Likewise, undeniably active duty time will count towards reserve benefits, if the member ultimately receives a reserve retirement.

The harder question is whether reserve time counts towards active duty benefits. Assume that at the time of dissolution, the parties were married for exactly 20 years, with 15 of those years overlapping active duty and 5 of those years overlapping reserve duty. Also assume that the member served another 5 years on active post-decree, so ultimately received an active duty retirement.

I've seen nationally-known military retirement experts argue both sides of this issue. But the most supported position is that a the overlap with reserve service will not count towards an active duty retirement.

There is a Joint Services Regulation, Identification Cards for Members of the Uniformed Services, Their Eligible Family Members, And Other Eligible Personnel, which applies to each of the branches of the armed services under a different designation. In the Air Force, it is AFI 36-3026).

Para. 3.2.1 provides: “Active Components use active duty service to compute sponsor’s creditable service for retired pay.” That language suggests that overlap with reserve time does not count as creditable service for purposes of active duty benefits.

Children

Unmarried children and stepchildren of military members retain full military benefits while under the age of 22.

Continued Health Care Benefit Program (CHCBP)

Similar to COBRA for private health insurance programs, Tricare will provide divorced spouses who are not remarried with transitional health insurance called the Continued Health Care Benefit Program (CHCBP). It is not a lifetime replacement, certainly no substitute for 20/20/20 benefits, but is intended as a bridge between military medical and civilian coverage. From a price perspective, CHCBP is not in the same category as Tricare Prime - as of 2/2020, the premium costs per quarter are $1553 (individual) or $3500 (family).

10 U.S. Code § 1078a(d) provides that CHCBP can only be elected within 60 days of losing Tricare coverage. So a former spouse needs to fill out the DD Form 2837 Continued Health Care Benefit Program Application without delay.

Pursuant to 10 U.S. Code § 1078a, up to 36 months of coverage is ordinarily available, unless specific factors discussed below are satisfied.

Unlimited Medical Coverage for Former Spouse

Per 10 U.S. Code § 1078a(g)(4) former spouses who meet these criteria retains CHCBP coverage as long as he/she elects:

  • Did not remarry under the age of 55,
  • Was enrolled as a family member in an approved health care benefits program (i.e. Tricare/DEERS) at any time in the 18 months before dissolution or annulment, and
  • Is receiving a share of the member's military retirement OR has a court order or written agreement for a share of the retirement or for SBP coverage.

Note that this coverage is paying the full premium cost set out above, so is not comparable to the 20/20/20 benefits described above.

Combine Transitional Benefits with Continued Health Care Benefit Program

Can 20/20/15 transitional benefits be combined with Continued Health Care Benefit Program? Yes - per the statute, eligibility for coverage begins with the loss of dependent status, not at dissolution. A former spouse with one year of transitional benefits may then opt for 3 years of CHCBP.

More Information

Continued Health Care Benefit Program, from Humana Military Healthcare Services, which administers CHCBP.

Continued Health Care Benefit Program, from Tricare, with details and links to the application form and downloadable fact sheets.

Team Member: 
Carl O. Graham