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.

Wisconsin Lawyer