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Vol. 72, No. 8, August 1999 |
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:
- personal identification, such as a driver's license
- state/county certified marriage certificate
- final decree of divorce
- statement of service
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.
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