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Healthcare benefits true divorce consideration

July 27, 2009 • June Walbert

Q:  My husband is full-time AGR in the Air National Guard.  He wants a divorce. He has 20 years as a traditional and 11 years AGR. We have been married 12 years.  I have MS. Is it possible for me to keep my benefits and medical, and what rights, if any, do I have to any retirement or income? Our whole future and planning was together.  I'm in trouble.

-Cheryl, Cheyenne, Wyo.

A:  You certainly have my best wishes during what I am sure are some very trying times.  The best thing you can do is to find good counsel…financial and legal.  Unfortunately, you will not be eligible for continued medical coverage under Tricare.  In order to be eligible for at least some level of continued coverage, you would need to have been married for 15 years.  Check out the Tricare handbook for more information. 

 

There is some good news…retirement benefits are another story.  Essentially, the court will decide how they are split.  Since your 12 years of marriage have coincided with military service I would focus on getting a good attorney who understands military benefits in order to come to an equitable settlement on that front.  

 

One other point: You’ll certainly want to investigate the cost of healthcare if a divorce is inevitable.  Given your situation, you may have to tap into your state’s high risk pool, in Wyoming, it is called the WHIP (Wyoming Health Insurance Pool).  Check with Wyoming’s insurance commissioner/department for more information.  Best of luck.

The preceding discussion is not tax, legal or estate planning advice. Consult your tax, legal or estate planning professional regarding your specific situation.
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Comments

I am sorry for the lady with MS. There are lots of ladies, like in my case, that just up and leave. My wife left me in England and I never knew why. She gets 25% of my retirement for the rest of my life and that was in 1982. She married a serviceman later and still gets my retirement. If I get a raise so does she. That is over $3000.00 per year.

Posted by: Richard Milton | August 10, 2009 at 05:43 PM

I AM MARRYING A MAN THAT IS `100% DISABLED FROM THE MILITARY AND RECEIVES DISABILITY INCOME IF SOMETHING HAPPENS TO HIM WILL I STILL BE ENTITLED TO HIS DISABILITY INCOME

Posted by: JOAN | August 10, 2009 at 01:41 PM

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