Tennessee Military Divorce
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Former spouses of military servicemembers who do not qualify for Tricare benefits under the 20/20/20 Rule or the 20/20/15 Rule may still have an option available.
The Continued Health Care Benefit Program (CHCBP), is akin to COBRA coverage and is available to former spouses of military servicemembers who do not qualify for Tricare coverage. As long as the former spouse was covered by Tricare on the day before the final degree of divorce was signed by the judge, coverage is available. However, the former spouse will be required to pay the premium for the continued coverage.
The advantage of CHCBP is the guarantee of coverage regardless of preexisting conditions that might make obtaining private insurance coverage difficult. Although there is no minimum required length of marriage and no minimum length of service requirement for eligibility, the former spouse must not have other coverage, such as employer healthcare coverage, available. The most common type of coverage, called transitional coverage, is available for thirty-six months.
There is a second type of CHCBP coverage called unlimited coverage. Additional requirements must be met to qualify for unlimited coverage. First, the former spouse must not have remarried before the age of 55. Second, the former spouse must have been enrolled as a dependent in an approved health care benefits program (Tricare, DEERS, CHCBP) at some point during the 18 months prior to the end of the marriage. Third, the former spouse must be receiving a share of the Servicemember’s military retirement or Survivor Benefit Plan annuity, or have a court order for the payment of any portion of the Servicemember’s military retired pay, or a written agreement providing for a Survivor Benefit Plan
annuity for the former spouse. If all of these conditions are met, the former spouse of a servicemember will be eligible for medical coverage through the CHCBP without any time limitations. In order to take advantage of the CHCBP, the former spouse must enroll as soon as possible after the divorce is final. There is a time limit within which enrollment must occur, measured from the date of the entry of the final decree of divorce. Failure to do so will result in the loss of the CHCBP.
Without an experienced military divorce attorney, the former spouse of a servicemember could lose coverage and be unable to obtain coverage for certain preexisting conditions, or be unable to pay for private insurance. Without adhering to the requirements of the CHCBP, you may inadvertently remove the potential for continued medical insurance coverage for yourself or you spouse.
Tennessee Military Divorce
Call Toll Free for Free Initial Consultation