Benfits for Unremarried Former Spouses
Compiled by the Department of the Navy
Recently, we have had numerous inquiries regarding entitlements to
military benefits and privileges for unremarried former spouses. In an
effort to clarify policy governing such benefits and privileges, we are
providing a consolidated breakdown of the various categories of former
spouses and the benefits and privileges of each category.
a. 20/20/20 Unremarried Former Spouse. Eligibility
criteria: 1) minimum of 20 years' marriage; 2) member/former member
minimum of 20 years' creditable service toward retirement; and 3)
marriage concurrent with at least 20 years' creditable service.
Entitlements: 1) authorized full benefits and entitlements (military
medical coverage/CHAMPUS/commissary/exchange/theater); 2) must not be
enrolled in an employer-sponsored health plan to receive medical
benefits; 3) if eligible for Medicare, Part A, no CHAMPUS; 4)
entitlements end with remarriage.
b. 20/20/20 Unmarried Former Spouse. Same as above
except: unmarried as opposed to unremarried. The unmarried former spouse
as above has remarried since the divorce of the member upon whom
eligibility is based, however, is currently unmarried by reason of
divorce or death. Entitled to revert back and receive
commissary/exchange/theater only, with no medical benefits.
c. 20/20/15 Unremarried Former Spouse - Divorced Before April
1, 1985. Eligibility criteria as follows: 1) minimum of 20
years' marriage; 2) member/former member minimum of 20 years' creditable
service toward retirement; and 3) the 20 years' marriage must have been
concurrent (overlap) with at least 15 years of service member's 20 years
of creditable service.
Entitlements: 1) entitled to medical benefits only (military medical
service and CHAMPUS); 2) must not be enrolled in an employer-sponsored
health plan; 3) if eligible for Medicare, Part A, CHAMPUS benefits are
not authorized. No commissary, exchange, or theater privileges
authorized. Continues eligibility as long as there is no status change
affecting entitlement. If this category of former spouse remarried, all
benefits stop and may never be reinstated.
d. 20/20/15 Unremarried Former Spouse - Divorced On or After
April 1, 1985. Eligibility criteria as follows: 1) minimum of
20 years' marriage; 2) member/former member minimum of 20 years'
creditable service toward retirement; and 3) the 20 years' marriage must
have been concurrent (overlap) with at least 15 years of service
member's 20 years of creditable service.
Entitlements: 1) entitled to medical benefits only (military medical
service and CHAMPUS) for two years only from the date of divorce or Dec.
31, 1988, whichever is later. Must not be enrolled in an
employer-sponsored health plan. If eligible for Medicare, Part A, no
CHAMPUS benefits authorized. No commissary, exchange, or theater. If
this category of former spouse remarries, all benefits stop and may
never be reinstated.
e. 20/20/15 Unremarried Former Spouse - Divorced On or After
Sept. 30, 1988. Eligibility criteria as follows: 1) minimum of
20 years' marriage; 2) member/former member minimum of 20 years'
creditable service toward retirement; and 3) the 20 years' marriage must
have been concurrent (overlap) with at least 15 years of service
member's 20 years of creditable service.
Entitlements: 1) entitled to medical benefits only (military medical
service and CHAMPUS) for one year from date of divorce only. Must not be
enrolled in an employer-sponsored health plan. If eligible for Medicare,
Part A, no CHAMPUS benefits are authorized. No commissary, exchange, or
theater. If this category of former spouse remarries, all benefits stop
and may never be reinstated.
Documents required for verification and issuance of
ID card:
It is important to remember that all of the above is based on public
law. Neither the personnel offices, SJA, nor local courts are vested
with the authority to extend benefits and privileges beyond the
boundaries set by the law. Neither does the Service nor the Department
of Defense have the power to waive or extend benefits and privileges
beyond those boundaries set by law.
Each military service handles issuance of ID cards to former spouses
of their particular service. Army must apply through the nearest Army
installation ID Card Office, Air Force through the Air Force, and so
on.
Wisconsin
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