MORE INFO YOU MAY FIND OF INTEREST
Lt. Col. Simmons (Ret.) is correct and his answer should be accepted.
I add the following just to be helpful.
To qualify for continued benefits a former spouse must show that the service member served at least 20 years of creditable service
, that the marriage lasted at least 20 years and that the period of the marriage overlapped the period of service by at least 20 years. A former spouse who meets these requirements is known as a ”20/20/20 former spouse”
and is entitled to full commissary, exchange and health care benefits. These benefits include TRICARE
and inpatient and out-patient care at a military treatment facility. Former spouses who do not meet these requirements lose their commissary and exchange privileges once the divorce is final.
If a 20/20/20 former spouse remarries, eligibility for the benefits is terminated. If the subsequent marriage is ended by divorce or death, commissary, base exchange and theater privileges may be reinstated. Medical care cannot be reinstated.
In cases where the servicemember served 20 years of creditable service, the marriage lasted 20 years, but the period of the marriage overlapped the period of service by only 15 years the former spouse is a “20/20/15 former spouse”
and is entitled to full military medical benefits only for a transitional period of one year following the divorce. After this year of coverage, the spouse may purchase a DOD
-negotiated conversion health policy. Full coverage also requires that the former spouse does not remarry nor enroll in an employer-sponsored health insurance plan.
If a 20/20/15 former spouse remarries during the one-year period, eligibility for the benefits is terminated. If the subsequent marriage is ended by divorce or death, commissary, base exchange and theater privileges may be reinstated for any remaining balance of the one year period; however, medical care cannot be reinstated.
Former spouses who are neither 20/20/20 nor 20/20/15 former spouses are not entitled to any military health benefits after a divorce. But they are eligible for the DOD Continued Health Care Benefit Program, a premium based temporary health care coverage program for 36 months of coverage until alternative coverage can be obtained, if they enroll within 60 days of losing full military health care benefits.
If you have questions regarding USFSPA
, call your local military legal office and schedule an appointment with an attorney. You can find links to military legal assistance
offices at the following web page.
ALSO..... some words about life insurance:
As to life insurance, USFSPA allows a former spouse, like a current spouse, to be designated as a Survivor Benefit Plan
) beneficiary. The SBP provides an annuity that allows retired service members to provide continued income to a named beneficiary in the event of the retiree's death. A retiring servicemember will be enrolled in the SBP unless he or she declines to participate. If divorce occurs after retirement and the servicemember had initially elected to participate when retiring, the divorce terminates the initial beneficiary designation in favor of the "spouse." However, coverage may be continued in favor of a "former spouse" either voluntarily, to honor an agreement between the parties, or to comply with a court order. The former spouse however, must elect "former spouse coverage" from the appropriate military finance center within one year of the date of the final divorce decree.
The USFSPA statute itself is viewable online at:http://www.militarydivorceonline.com/section1408.html
USFSPA Frequently Asked Questions:http://www.militarydivorceonline.com/usfspa_faq.html
For an overview of military benefits for former spouses, see:http://www.gordon.army.mil/mpd/RSO/fspa.htm
Short article on “Benefits of Former Spouses of Military Personnel”http://www.divorcenet.com/states/nationwide/milart-02Military Divorce
Guide: Life Insurance:http://www.military-divorce-guide.com/life-insurance-sgli-vgli.htm
More questions and more answers.......http://www.querycat.com/faq/0954ea2e2c0b76e25cd22b1d4cec6e3e
Just trying to be helpful.