Transitional Compensation & Benefits

Under 10 U.S. Code §1059, a spouse or dependent child (under 18, or under 23 if in college) is entitled to receive transitional compensation and benefits if the servicemember is discharged for abuse (i.e. domestic violence or sexual assault) against the spouse or child.

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:

A former spouse who was married to the servicemember for at least 20 years qualifies for military benefits after the dissolution, under the conditions listed below.

If the couple obtains a decree of legal separation (which Colorado offers), that time of legal separation counts as marriage for purposes of these rules.  So if the former spouse is close to achieving 20/20/20 or 20/20/15 status, it may be worth having a period of legal separation before the dissolution itself.  Consult with a family law attorney, knowledgeable in military issues, for specific advice about your situation.

Eligibility is under the former spouse's own SSN, not the servicemember's SSN, so the former spouse should contact DEERS to advise of the dissolution, and arrange for the change in "sponsor."

Upon obtaining a Colorado dissolution, the former spouse of a servicemember has a right to receive military benefits so long as he/she meets the criteria. As the benefits are statutory entitlements, they are automatic and not subject to negotiation or deviation by a divorce court in Colorado or other states.

Children and stepchildren of servicemembers retain full military benefits while unmarried and under 22.