divorcing the military..help please
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divorcing the military..help please
| Mon, 08-14-2006 - 5:27pm |
hi,
i am in the middle of a divorce. i would like to talk to those who have been divorced with their spouse in the military. i know the military does the legal paperwork for free, and then i file it, is this safe to do? Does anyone know whether i can request medical insurance in the seperation? we have no kids or a home or anything of vaule-- any advice would help..
also, are any ladies dealing with the back and forth of is it right? i feel that my spouse was definately not there for me during our marriage but now that i want a divorce is willing to bend over backwards, how do you tell actions from words to keep me around?
i am in the middle of a divorce. i would like to talk to those who have been divorced with their spouse in the military. i know the military does the legal paperwork for free, and then i file it, is this safe to do? Does anyone know whether i can request medical insurance in the seperation? we have no kids or a home or anything of vaule-- any advice would help..
also, are any ladies dealing with the back and forth of is it right? i feel that my spouse was definately not there for me during our marriage but now that i want a divorce is willing to bend over backwards, how do you tell actions from words to keep me around?

I can help with this a little. The legal office can only help you if you speak to them first. It is a conflict of interest for them to counsel both you and your spouse. I'm the active duty member, and I went to the base legal office to find out if they could do a separation agreement for us. They could not. They could give me the number of the bar for the state and mentioned a legal clinic that might work for us since STBXH and I have been able to iron out pretty much everything.
As far as medical, the military will only provide medical for you if you were married for at least 20 years and he served for 20 years during that marriage (and even then it has to be in the divorce decree). Commissary/exchange privileges can be provided with 15 years of service overlapping marriage. Otherwise, you could ask for medical coverage to be provided, but it would have to be from a private source and there is no guarantee that a judge would require it. Depending on the state in which you divorce, you may be able to seek a share of his retirement pay/pension/retainer, or a support payment (or increased support) in lieu of receiving that. Every state figures things differently so you really should consult an attorney in the state that you are planning to file. Also, if your spouse is not a resident of the state that you are planning to file in he can use SSCRA to avoid answering and possibly file in a different state that he claims residency in and which may be more beneficial to him. HTH,
Missy
Hi,
I see someone answered your question regarding the insurance....However, I don't know if that is correct or not, because there is a "general" law regardng medical insurance if you are the dependant spouse (meaning the spouse who is on the other spouse's insurance)and it was based on the COBRA law act. The dependant spouse is entitled for up to a 36 month max. usage of the other spouses insurance, but
you do pay for it at 100% of the cost, and also up to a 2% administrative fee....which can be expensive overall. For instance mine is going to be about $420/month, but due to my many and varied medical needs, it is well worth it and an absolute necessity for me.
Here is some information I have cut and pasted that I have into this response for you, it was all taken from a website -- which I can't recall the source of at this time (I think I just Googled it, though).:
Is a divorced spouse entitled to COBRA coverage from their former spouses’ group health plan?
Under COBRA, participants, covered spouses and dependent children may continue their plan coverage for a limited time when they would otherwise lose coverage due to a particular event, such as divorce (or legal separation). A covered employee’s spouse who would lose coverage due to a divorce may elect continuation coverage under the plan for a maximum of 36 months. A qualified beneficiary must notify the plan administrator of a qualifying event within 60 days after divorce or legal separation. After being notified of a divorce, the plan administrator must give notice, generally within 14 days, to the qualified beneficiary of the right to elect COBRA continuation coverage.
Divorced spouses may call their plan administrator or the EBSA Toll-Free Employee & Employer Hotline number, 1.866.444.EBSA (3272) if they have questions about COBRA continuation coverage or their rights under ERISA.
How long does COBRA coverage last?
COBRA establishes required periods of coverage for continuation health benefits. A plan, however, may provide longer periods of coverage beyond those required by COBRA. COBRA beneficiaries generally are eligible for group coverage during a maximum of 18 months for qualifying events due to employment termination or reduction of hours of work. Certain qualifying events, or a second qualifying event during the initial period of coverage, may permit a beneficiary to receive a maximum of 36 months of coverage.
Although COBRA specifies certain periods of time that continued health coverage must be offered to qualified beneficiaries, COBRA does not prohibit plans from offering continuation health coverage that goes beyond the COBRA periods.
Some plans allow participants and beneficiaries to convert group health coverage to an individual policy. If this option is generally available from the plan, a qualified beneficiary who pays for COBRA coverage must be given the option of converting to an individual policy at the end of the COBRA continuation coverage period. The option must be given to enroll in a conversion health plan within 180 days before COBRA coverage ends. The premium for a conversion policy may be more expensive than the premium of a group plan, and the conversion policy may provide a lower level of coverage. The conversion option, however, is not available if the beneficiary ends COBRA coverage before reaching the end of the maximum period of COBRA coverage.
Payment is considered to be made on the date it is sent to the plan.
What is the Federal Government's role in COBRA?
COBRA continuation coverage laws are administered by several agencies. The Departments of Labor and Treasury have jurisdiction over private-sector health group health plans. The Department of Health and Human Services administers the continuation coverage law as it affects public-sector health plans.
The Labor Department's interpretive and regulatory responsibility is limited to the disclosure and notification requirements of COBRA. If you need further information on your disclosure or notification rights under a private-sector plan, or about ERISA generally, telephone EBSA's Toll-Free Employee & Employer Hotline at: 1.866.444.3272, or write to
As far as legal council - I have been running into referrals from all the legal offices (where we were stationed and where I have now moved to). Even if you think your settlement will be simple, it is still wise to consult an attourney, especially one that has experience in dealing with military issues.