Click here to skip navigation
OPM.gov Home  |  Subject Index  |  Important Links  |  Contact Us  |  Help

U.S. Office of Personnel Management - Ensuring the Federal Government has an effective civilian workforce

Advanced Search

Insurance Services Programs

Federal Employees Health Benefits Program

Frequently Asked Questions


Insurance Main

FEHB Main

FAQ


FAQs

 

Frequently Asked Questions About Divorce

General
Spouse Equity
Temporary Continuation of Coverage (TCC)

General
Q.

I am not a Federal employee and am divorcing my spouse, who is a Federal employee. Can I get coverage when I lose coverage as a family member?

A.

Although you cannot remain covered as a family member under your spouse's self-and-family enrollment (even if a court order requires it), you may be eligible for FEHB Program coverage under either the spouse equity provisions or the Temporary Continuation of Coverage provisions of the law. You would be enrolled in your own right and would pay both the Government and employee shares of the premium yourself.

Q.

I am a Federal employee and am divorcing my spouse, who is not a Federal employee. Can I continue to cover my ex-spouse under my FEHB plan?

A.

Your spouse is eligible for coverage while you are in the process of getting divorced and even while you are legally separated. Your spouse loses eligibility for coverage as a family member when your divorce is final. Your spouse can apply for coverage in the FEHB Program under the spouse equity or Temporary Continuation of Coverage provisions of the FEHB law.

Q.

I am getting a divorce and need to remove my ex-spouse from my health insurance. What forms do I need to complete?

A.

You need to complete the SF 2809 if you change your enrollment from self and family to self only or vice versa.

For example, if you have self and family coverage and you plan to keep self and family coverage, you do not need to complete any forms. You must let the health plan know the date of the divorce so that your ex-spouse can be removed from your enrollment. If you have self and family coverage and you now plan on enrolling in self only coverage, you must notify your human resources office. You will have to complete an SF 2809.

Q.

What is the difference between coverage under Spouse Equity and TCC?

A.

Spouse Equity:

  1. If you qualify for spouse equity, you can elect FEHB coverage in your own right.
  2. Your coverage continues indefinitely, as long as you continue to meet the requirements (see next section) and pay your premiums.
  3. You must pay both the employee and government shares of your plans FEHB premium.
  4. You do not have to pay the extra 2 percent administrative charge.

        TCC:

  1. Your coverage is limited. It will end 36 months after your divorce or annulment, or earlier if you do not pay your premiums.
  2. You must pay both the employee and government shares of your plans FEHB premium, plus an administrative charge equal to 2% of total plan premiums.

Spouse Equity
Q.

What is Spouse Equity?

A.

Spouse equity is a provision of the law that allows the former spouse of a Federal employee or annuitant to enroll in FEHB if he or she meets certain requirements.

Q.

How do I qualify for a "spouse equity" enrollment?

A.

To qualify for spouse equity coverage, submit an application to your former spouse's Human Resources Office (or, if applicable, the former spouse's retirement system) within 60 days after your divorce. To be eligible, you must have been covered as a family member under your spouse's FEHB Program enrollment at least one day during the 18 months prior to divorce and you must have future entitlement to receive a portion of your spouse's retirement annuity or a survivor annuity. Also, if you remarry prior to age 55 you will lose this coverage. If you do not qualify under the spouse equity provisions, you may be eligible for coverage under the Temporary Continuation of Coverage provisions. You may also convert to a private policy.

Q.

How do I enroll for spouse equity coverage?

A.

Contact your ex-spouse's agency Human Resources Office (or retirement system, if applicable) for information on how to enroll. You will need to document your eligibility. You will be required to submit a certified copy of the court order to the US Office of Personnel Management, Court Ordered Benefits Branch, P.O. Box 17, Washington DC 20044-0017. This office will review the court order to determine if you qualify to enroll. The Court Ordered Benefits Branch will issue a letter notifying you of their findings. Since it may take a few months for this notification to be sent, you should contact your former spouse's Human Resources Office and request to enroll in TCC. The notification from the Court Ordered Benefits Branch will provide instructions on enrolling under the spouse equity provisions of the law.

Q.

My spouse who is a Federal employee and I have one child. We are separating. Will I be covered during the separation?

A.

As long as your spouse has a self-and-family enrollment and you are still married to your spouse, you will be covered under the enrollment. Your eligibility for coverage under your spouse's self-and-family enrollment will cease after a divorce or annulment. You may, however, be eligible for FEHB coverage under either the spouse equity provisions or the Temporary Continuation of Coverage provisions of the law. You would be enrolled in your own right and would pay both the Government and employee shares of the premium yourself

Q.

My ex-wife and I are both Federal employees who are enrolled in the self-and-family plan. Can our children be covered by both of our plans?

A.

No, the children are entitled to receive benefits under only one enrollment. Each enrollee must notify his or her insurance carrier of the name(s) of the child(ren)to be covered under his or her enrollment.

Q.

When do I lose coverage as a family member?

A.

You are no longer an eligible family member when your divorce or annulment becomes final. You get a 31-day extension of your health benefits plans coverage after that date. You may convert to an individual contract offered by your health benefits plan, if you don't qualify for or don't want FEHB coverage through spouse equity or TCC.

Q.

When must I apply for Spouse Equity coverage?

A.

You must apply within 60 days of:

  • the date your marriage ended, or
  • the date the employing office notified you that your qualifying court order (or your former spouses election) entitled you to coverage, whichever is later.
Q.

How long does it take for my Spouse Equity application to be processed?

A.

It may take up to several months for your enrollment to take effect. If you want to continue to have health insurance in the meantime:

  • You may convert to an individual contract offered by your health plan. You may do this during the 31-day extension of coverage you obtained after losing your family member status; or
  • You may enroll under TCC provisions.

Your spouse equity enrollment will take effect on the first day of the first pay period after the employing office receives your health benefits election form.

A.

Only you and the unmarried dependent children born to or adopted by you and your former spouse (the Federal employee or annuitant) are covered under a self and family enrollment. Your unmarried dependent child must be under age 22 or be incapable of self-support because of a mental or physical disability that existed before age 22.

Your children can't be covered under more than one FEHB enrollment. If the employee or annuitant covers the children under his/her FEHB enrollment, you should enroll for self only coverage.

Q.

How long can I keep my Spouse Equity coverage?

A.

You can keep your spouse equity coverage indefinitely if you pay your premiums on time, don't remarry before age 55, and don't lose your entitlement to an annuity or survivor annuity.

Q.

Can I defer my Spouse Equity enrollment?

A.

Yes. Although you must apply within the time limit, you may enroll at any time after the employing office determines that you are eligible.

Q.

Must I stay enrolled in the same plan I was covered under as a family member?

A.

No. You can enroll in any available plan or option, and you can change plans or options during the annual open season or with an event that permits an enrollment change (such as when you become eligible for Medicare).

Q.

Can I cancel my Spouse Equity coverage and reenroll at a later time

A.

Generally, if you cancel your spouse equity enrollment, you may not reenroll. However, if you cancel because you:

  • become covered as an employee or a family member under another persons FEHB enrollment, or
  • become covered under a Medicare HMO or Medicaid,

you may reenroll if you lose the other coverage. You must provide documentation of the other coverage when you cancel your spouse equity enrollment.

Q.

Both my former spouse and I are Federal employees with FEHB coverage. Should I apply for Spouse Equity coverage?

A.

Yes, it's a good idea to apply and establish your eligibility for spouse equity coverage within the required time frame even if you currently have your own FEHB coverage. If you lose your FEHB coverage as an employee, you can then enroll under spouse equity.


Temporary Continuation of Coverage (TCC)
Q.

What is TCC?

A.

TCC is a feature of the FEHB Program that allows certain people to temporarily continue their FEHB coverage after regular coverage ends. Please note that you must exhaust TCC eligibility, as one condition for guaranteed access to individual coverage under the Health Insurance Portability and Accountability Act of 1996.

Q.

If I lose my Spouse Equity coverage, can I enroll for TCC?

A.

You may enroll in TCC if, during the first 36 months after your marriage ended:

  • Your spouse equity enrollment has terminated because you no longer have a qualifying court order, or
  • you have remarried before age 55.

You must submit a TCC election within 60 days from the date you lose spouse equity coverage. The TCC coverage will end 36 months from the date your marriage ended.

Q.

I'm not eligible for spouse equity. Can I be covered through TCC?

A.

Yes, if:

  • you were covered as a family member under the Federal employee or annuitants enrollment at some time during the 18 months before your divorce or annulment, and
  • you or your former spouse notify the employing office within the required time limit that you want TCC.
Q.

Are my children eligible for TCC after they lose coverage under my Spouse Equity enrollment?

A.

No. Only the children covered under the enrollment of an employee, former employee, or annuitant are eligible for TCC.

If your child loses coverage under you spouse equity enrollment, he/she:

  • gets a 31-day extension of coverage, and
  • may convert to an individual contract offered by your health benefits plan,

unless he/she loses coverage because you canceled your enrollment or didn't pay your premiums.

Q.

What is the time limit for notification?

A.

The time limit for notification is 60 days from your divorce or annulment. Either you or your former spouse must notify the employing office in writing that you want TCC. If your former spouse is retired, notify the retirement system.

Q.

After I notify the employing office, then what happens?

A.

The employing office has 14 days to notify you of your TCC rights and send you an election form. You must return the election form and a certified copy of your divorce decree within 60 days from your divorce date or 65 days after the date of the employing office notice, whichever is later. Your coverage will be effective the day after your 31-day extension of coverage as a family member ends.

Q.

I didn't find out about TCC until several months after my divorce. Can I still apply?

A.

No. According to the FEHB law, if you or your former spouse didnt notify the employing office within the 60-day limit, your opportunity to elect TCC ends 60 days after your divorce or annulment.

Q.

I was covered as a family member under a former employees TCC enrollment before my divorce. Am I eligible for TCC?

A.

Yes, as long as your marriage ended before his/her 18-month TCC eligibility period expired. Your TCC coverage ends 36 months after the date of his/her separation from service, not 36 months after the date your marriage ended.

Q.

Is my family covered under my TCC enrollment?

A.

Only you and the unmarried dependent children born to or adopted by you and your former spouse (the Federal employee or annuitant) are covered.

Q.

Are my children eligible for their own TCC enrollments once they lose eligibility under my TCC enrollment?

A.

No. Only the children covered under a former employees TCC enrollment are eligible for TCC in their own right.

When your child is no longer an eligible family member under your enrollment, he/she:

  • gets a 31-day extension of coverage, and
  • may convert to an individual contract offered by your health benefits plan,

unless he/she loses coverage because you canceled your enrollment or didn't pay your premiums.

Q.

Must I enroll in the same plan under TCC that I was covered under as a family member?

A.

No. You can enroll in any available plan or option, and you can change plans or options during the annual open season or with an event that permits an enrollment change (such as when you become eligible for Medicare).

Q.

How long can I keep my TCC coverage?

A.

Generally, your coverage continues for 36 months from the date of your divorce or annulment, as long as you pay your premiums on time.

After your TCC enrollment ends:

  • you get a 31-day extension of coverage, and
  • you may convert to an individual contract offered by your health benefits plan,

unless you lose coverage because you canceled your enrollment or didn't pay your premiums.