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I would like to know if I can keep my military ID card up to

 
Lawrence D. Gorin's Avatar
  • Answered by:Lawrence D. Gorin
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Customer Question

I would like to know if I can keep my military ID card up to date even though my ex-husband were married in 1964. He had 20 years in the service, he got out about 4 years before we were married. I was with him for 47 years, before we seperated. Am I entitled to tri-care?
My e-mail address XXXXX@XXXXXX.XXX

 

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State/Country relating to question: South Carolina

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Submitted: 281 days and 16 hours ago.
Category: Military Law
Value: $30
Status: CLOSED
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Expert:  Lawrence D. Gorin replied 281 days and 15 hours ago.

ANSWER:
As I understand your facts, your husband complete 20 years of service four years before his Marriage to you in 1964. So all of his military service occurred PRIOR to your marriage (and none occurred DURING your marriage).

As to TRICARE health coverage: A former spouse of a retired uniformed service member is eligible for continued medical benefits he or she does not remarry (if he or she remarries, the loss of benefits remains applicable even if Remarriage ends in death or divorce); is not covered by an employer-sponsored health plan; and must meet the requirements of the “20/20/20” Rule.
Medical benefits are extended to an unremarried former spouse when:
-----> 1. The parties had been married for at least 20 years;
-----> 2. The member performed at least 20 years of service creditable for retired pay; and
-----> 3. There was at least a 20 year overlap of the marriage and service.

If you qualify for TRICARE coverage as a “20/20/20 former spouse” based on the requirements listed above, you’re covered with the same benefits as a retired family member. Eligibility continues as long as the preceding requirements continue to be met. Note, however, that any medical benefits are suspended while the former spouse is covered by an employer-sponsored health care plan. Moreover, any medical benefits are terminated if the former spouse’s should remarry.

As explained, 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 an otherwise qualifying 20/20/20 former spouse remarries, eligibility for all benefits (commissary, base exchange, theater privileges, and medical care) is terminated. However, if the subsequent marriage ends in divorce or death, commissary, base exchange and theater privileges may be reinstated (or “revived”), but NOT medical benefits. The only way to “revive” medical benefit entitlement after a former spouse remarries is to obtain an Annulment of that marriage. (In sum, if the subsequent marriage is annulled, all 20/20/20 former spouse benefits, including medical care benefits, are restored.)

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.

More info re TRICARE coverage post-divorce:
See TRICARE FAQs at:
http://www.tricare.mil/faqs/

In particular, see:
http://www.tricare.mil/faqs/question.aspx?ID=1315

Customer replied 259 days and 15 hours ago.

Dear sir, I would like to know if I am titled to any of the money he bought a new car in 2011 & we both signed the paper. That left me with no transportation. I had to go & rent a car until I could find one. After 47 years he made me feel rotten. We leased the car. Yes, he is paying on it. I have got a 2004. He abused me only behind closed doors. My e-mail is XXXXX@XXXXXX.XXX

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Expert:  Lawrence D. Gorin replied 259 days and 10 hours ago.

ANSWER:
The division of property -- including money -- is dictated by the terms of your divorce judgment. In sum, you are entitled to such property and money as is spelled out in the dissolution judgment. So one has to carefully review the dissolution judgment to see what it says.

 
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