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Divorce and Insurance

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jessie0054

Junior Member
What is the name of your state? Missouri
The couple in question lives in SC. They are in the middle of divorce. They are in their 60's .
He is retired from the Airforce with 20 years and 6 months of military service.
They were married 13 years and 9 months of his military service.
They have been married for 35 years total.
He is ordered to keep Medical Insurance for her under the Tricare system for the rest of her life, but has found out that they do not meet the 20-20-15 requirement, which she would be covered under tricare for ex spouses.
She is not medically insurable under any other insurance!! And not yet covered under Medicare.
Tricare is the only insurance they have had since his retirement from the Military. And since this is Government Insurance do they have to honor the court order that she be maintained under the Tricare insurance.
Is there any kind of waiver that kicks in when you are just a few months shy of the 20-20-15 clause??
Thanks
 


Silverplum

Senior Member
And since this is Government Insurance do they have to honor the court order that she be maintained under the Tricare insurance.
Not that I've ever heard of. This is a common misconception: that a divorce decree could order an insurance company to insure someone the company does not normally insure.

Stand by for further input.
 

LdiJ

Senior Member
The could consider backing off on the divorce until she is old enough to qualify for medicare. If they have been married for 35 years, surely they could hand just a bit more.
 

CJane

Senior Member
Obviously, since you're not one of the involved parties, you don't have access to the court order, but it would be nice to know whether it specifically says TriCare. Also, the ages of the parties would be good. If they've been married for 35 years, I'm going to guess that they're mid-fifties, yes?

Does TriCare have a COBRA component?
 

jessie0054

Junior Member
Obviously, since you're not one of the involved parties, you don't have access to the court order, but it would be nice to know whether it specifically says TriCare. Also, the ages of the parties would be good. If they've been married for 35 years, I'm going to guess that they're mid-fifties, yes?

Does TriCare have a COBRA component?
No I don't have access to the court order, only what i am being told. But at the time neither party was aware of the 20-20-15 clause of the Tricare eligibility.
Both are in their 60's. She is getting ready for retirement from her job. He is still working.
He said she couldn't get insurance in any other way [ i don't know what he meant by that]
Thanks
 

Silverplum

Senior Member
No I don't have access to the court order, only what i am being told. But at the time neither party was aware of the 20-20-15 clause of the Tricare eligibility.Both are in their 60's. She is getting ready for retirement from her job. He is still working.
He said she couldn't get insurance in any other way [ i don't know what he meant by that]
Thanks
That doesn't matter, legally. They are expected to be aware of all of their business.
 

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