Determining a Former Spouse's Eligibility
When your former spouse applies for eligibility to enroll under the Spouse Equity provisions, his/her employing office must first verify that you were employed by the agency at the time of your divorce. If you separate from Federal service before becoming eligible for an immediate annuity, your former spouse is eligible to enroll only if your marriage ended before you left Federal service.
The employing office must then determine if your former spouse is eligible to enroll. To be eligible, he/she must meet all of the following requirements:
- He/she must not have remarried before age 55;
- He/she must have been covered as a family member in an FEHB plan at least one day during the 18 months before your marriage ended;
- He/she must provide documentation from OPM (or the CIA or Foreign Service retirement system, if applicable) of entitlement to a portion of your future annuity, or a former spouse survivor annuity.
If you worked for the CIA, your former spouse could qualify to enroll based on your CIA employment, if you were married for at least 10 years during your CIA service, at least 5 years of which both of you spent outside the United States, and your marriage ended before May 7, 1985.
If you worked for the Foreign Service, your former spouse could also qualify to enroll based on your Foreign Service employment if you were married for at least 10 years during your Government service, and your marriage ended before May 7, 1985.
The effective date of your former spouse's enrollment is the first day of the first pay period after the employing office receives the Health Benefits Election Form (SF 2809), or an appropriate request, and satisfactory proof of eligibility.
If your former spouse requests immediate coverage, and the employing office receives the Health Benefits Election Form (SF 2809), or other appropriate request, and satisfactory proof of eligibility within 60 days after the date of the divorce, the enrollment may be made effective on the same day that temporary continuation of coverage would otherwise take effect.