Military Divorce Guide

Comprehensive Family Law Information for Servicemembers & Family Members.

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About the Guide

The Military Divorce Guide was created by Carl O. Graham, a Colorado Springs, CO divorce lawyer and former Army JAG officer. As a principal of Black & Graham, LLC, domestic relations and criminal defense attorneys, Carl is in charge of the firm's family law practice, and focuses exclusively on Colorado divorce & family law, including military divorce issues.

  • Military Updates
  • Military Divorce Guide
    • Jurisdiction Over Servicemembers
      • Subject-Matter Jurisdiction
      • Personal Jurisdiction
    • Division of Military Retirement
      • Types of Military Retirement
      • Disposable Retired Pay
      • Colorado Formula for Military Retirement Division
      • Servicemember Still on Active Duty
      • Direct Retirement Payments from DFAS
    • VA Disability & Divorce
      • VA Waiver of Military Retirement
      • Indemnity for VA Waiver
      • Combat-Related Special Compensation (CRSC)
      • Disability Retired Lists (TDRL / PDRL)
      • Disability Severance Pay
    • Survivor Benefit Plan (SBP)
      • SBP Beneficiaries
      • SBP Election
      • SBP Premium Costs
      • SBP Premium Payment Responsibility
      • SBP Suspension or Termination
    • Military Family Support
      • Army Family Support
      • Air Force Family Support
      • Navy Family Support
      • Marine Corps Family Support
      • Coast Guard Family Support
    • Former Spouse Military Benefits
      • 20/20/20 and 20/20/15 Benefits
      • Continued Health Care Benefit Program / COBRA
    • Garnishment of Military Pay
      • Garnishing Military Retirement & VA Disability
      • Maximum Garnishment Limitations
    • Servicemembers Civil Relief Act (SCRA)
      • Protection from Default Judgments
      • Stay of Civil Proceedings
      • Colorado Reservist Parent Protection
    • Domestic Violence
      • Lautenberg Amendment
      • Domestic Violence Victim Benefits
    • Obtaining Military Records
    • Reserve Family Law Issues
    • Understanding Military Pay
    • Life Insurance
    • How to Hire a Military Divorce Attorney
    • Paternity & The Military

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Continued Health Care Benefit Program / COBRA

  • Benefits
  • Insurance

Similar to COBRA for private health insurance programs, Tricare will provide a divorced spouses who are not remarried with transitional health insurance called the Continued Health Care Benefit Program (CHCBP). At $933 per quarter for individuals, and $1996 for families, the program is far from free, and certainly not the bargain Tricare is.  However, if the civilian spouse has a preexisting medical condition, or no coverage available through his/her employer, CCHBP may be worthwhile.

Pursuant to 10 U.S. Code §1078a, up to 36 months of coverage is ordinarily available. However, former spouses who meet these criteria can have unlimited coverage:

  • Did not remarry under the age of 55,
  • Was enrolled as a family member in an approved health care benefits program (i.e. Tricare/DEERS) at any time in the 18 months before dissolution or annulment, and
  • Is receiving a share of the servicemember's military retirement, or has a court order or written agreement for a share of the retirement.

Benefits are similar to that of Tricare Standard (CHAMPUS), with the same list of providers (i.e. not military treatment facilities), and similar coverage, rules and procedures.

The former spouse must move fast to enroll - apply with a DD Form 2837 Continued Health Care Benefit Program Application within 60 days of the divorce, and mail it in with proof of your eligibility and a check for the first quarter of coverage.

 

More Information

CHCBP Details, on the Humana Military Healthcare Services, which administers the program.

An Employee's Guide to Health Benefits Under COBRA, published by the U.S. Department of Labor.

COBRA Continuation of Coverage, on the U.S. Department of Health & Human Services web site.

‹ 20/20/20 and 20/20/15 Benefits up Garnishment of Military Pay ›
Military Divorce Guide, Copyright © Black & Graham, LLC  (www.blackgraham.com). Reprint Information

128 S. Tejon St Ste 410, Colorado Springs, CO 80903  (Map to Office)  Tel: (719) 328-1616  Fax: (719) 630-8495.

This site is informational, and not a substitute for legal advice from one of the Colorado Springs military divorce law firms, lawyers or attorneys. Only a signed agreement with this Colorado Springs divorce lawyer creates a lawyer-client relationship. We practice in Colorado Springs / El Paso, Teller, Douglas, and Pueblo Counties, and the neighboring military installations (Fort Carson, Peterson Air Force Base, the Air Force Academy, Cheyenne Mountain Air Station, and Shriever AFB). We practice in Colorado family law (Colorado divorce, military divorce issues, child support law, grandparent visitation & rights, common law marriage, child custody law, legal separation law, annulment, alimony law, etc), and criminal defense.  Login