If your spouse is a current or retired federal employee, you have likely taken advantage of the ability to get health insurance coverage through the Federal Employees Health Benefits (FEHB) plan. If you have children, they’re likely also on your spouse’s plan.
If you’re considering or already planning for divorce, it’s important to remember that once a couple is no longer legally married, one former spouse can’t be included on the other’s health insurance plan. (The same does not apply to their children.) This is true for private employer plans as well as FEHB plans.
As the former spouse of a federal employee, however, you may still have a right to continue FEHB coverage under your own plan, even if you aren’t a federal employee or retiree. These rights are detailed in the Spouse Equity Act. It’s important to review this law. Here we’ll give just a brief outline of what you should know to ensure that you don’t end up uninsured.
What are the requirements for continuing to get FEHB coverage?
Former spouses can continue to get health insurance coverage on their own FEHB plan as a family member of a federal worker as long as they were on their Self Plus One or Self and Family plan at any point in the 18 months before the divorce and are qualified to receive part of their spouse’s retirement or survivor annuity. If they remarry before turning 55, that coverage ends.
Note that the coverage will be more expensive than it would be for a federal employee since former spouses are required to pay the portion of the premium that the government pays for federal workers’ coverage. It’s important to know what it will cost so that you can compare costs with coverage you can get through your own employer or under the Affordable Care Act (ACA).
Why you shouldn’t procrastinate
You can apply for continued FEHB benefits for up to 60 days after your divorce is final. However, it’s best not to wait until the last minute. It’s too easy for this to be forgotten amid everything else you’ll need to be thinking about. Further, you’ll want to have a post-divorce budget worked out as you negotiate your various divorce agreements, so you’ll need to include the cost of health insurance.
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.
