Legal Question in Family Law in Maryland

Divorce and Benefits

What are a former spouse's rights to Military Healthcare Benefits?


Asked on 10/14/04, 12:02 am

1 Answer from Attorneys

A.P. Pishevar The Pishevar Law Firm, P.C.

Divorce and Military Healthcare Benefits - Entitlement.

A former spouse is entitled to a continuation of lifetime military medical benefits IF on the date of divorce, three things are met: (i) the former spouse and the Member had been married for at least 20 years, (ii) the Member performed 20 years or more of creditable service, and, (iii) the parties were married for 20 years while the Member was performing creditable service. This is known as the 20/20/20 rule.

There is a 20/20/15 rule that will provide one year of medical benefits after divorce, but one will not qualify for that if she cannot meet the 20/20/15 requirement.

From time to time private insurance programs have been established to provide transition coverage for former spouses who will lose medical coverage. The most recent program was established in 1994, the CONTINUED HEALTH CARE BENEFIT PROGRAM (CHCBP). Former spouses who do not remarry are eligible to purchase coverage for up to 36 months. Information can be obtained from CHCBP at 1-800-809-6119, They are right here in Rockville at P.O. Box 1608, Rockville, MD 20849-1608

Here is a chart that summarizes military benefits for former spouse, etc: http://www.jagcnet.army.mil/JAGCNETInternet/Homepages/AC/Legal%20Assistance%20Home%20Page.nsf/0/8dae12d6ca6753f7852569f9005b966e?OpenDocument&ExpandSection=1 See particularly footnote 11

THIS IS NOT LEGAL ADVICE - THIS FOR FOR GENERAL INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE TAKEN AS NOR RELIED UPON AS LEGAL ADVICE. -AP Pishevar, Esquire

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Answered on 12/31/69, 7:00 pm


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