A Military Divorce Guide

29. When is a former military spouse entitled to full benefits under the “20/20/15″ rule?

An unremarried former spouse is entitled to one year of military medical care only (no commissary, military exchange, etc.) The unmarried spouse can only receive medical benefits if he or she is not covered by an employer-sponsored health care plan. Moreover, the following criteria must also be met;

The ex-spouse must be married to the servicemember at least 20 years;

The servicemember must have had at least 20 years of creditable service; and

There must be at least a 15-year overlap between the marriage and the military service.

30. Can a former military spouse receive COBRA health benefits offer the divorce?

Under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), Tricare will provide a divorced civilian spouse with 36 months of health insurance. This type of program is called the Continued Health Care Benefit Program. Unfortunately, the COBRA program is very expensive, and it is cost prohibitive for many military families. However, if the civilian spouse has a preexisting medical condition, it could be worthwhile.

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