It’s certainly a stressful time for federal employees here in Northern Virginia and across the country. If you’re considering or already planning a divorce (and you and/or your spouse is a federal employee), the temperature in Washington can definitely add uncertainty and stress for the whole family during an already stressful time.
If you’re the spouse of a current or retired federal employee, you may be able to continue to receive health insurance through the Federal Employees Health Benefits (FEHB) plan post-divorce. It’s important to know whether you will continue to qualify for this coverage and what your options are if you don’t.
Can you continue to receive FEHB coverage?
As long as you were covered under your spouse’s FEHB plan any time during the 18 months prior to divorce and are eligible to receive a portion of their annuity or survivor benefit, you’re eligible under the Spouse Equity Act to get your own FEHB plan that you can stay on unless and until you remarry before you turn 55. If you remarry after that, your coverage will continue. You can’t continue to be covered on your ex-spouse’s plan once the divorce is final. (Note that your children can remain on your ex’s plan.)
FEHB coverage is more expensive for non-federal employees than federal employees, so it’s important to know what your premiums will be. Therefore, you may want to shop around for other plans per the Affordable Care Act (ACA) if you don’t have an employer-sponsored plan. That may be a good idea anyway in case your soon-to-be ex loses their job.
Don’t delay applying for new coverage
You have a maximum of 60 days after your divorce is final to apply for these continued benefits. If you don’t qualify for continued FEHB coverage under the Spousal Equity Act or there’s a delay in getting approval, you can apply for temporary continuation of coverage (TCC), which lets you get continued FEHB coverage for up to 36 months. This gives you time to find a longer-term solution.
It can be easy for health insurance to be forgotten amid the other worries of divorce. However, it’s important to work that out sooner rather than later. Aside from avoiding the risk of being uninsured, by knowing how much you’ll be paying, you can better estimate your post-divorce budget, which is crucial if you’re seeking alimony and in working out your property division agreement. By having sound legal guidance, you can better navigate this and other aspects of divorce that are unique to spouses of federal employees and better protect your rights under the law accordingly.
