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

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The spouse equity provisions of law allow the former spouse of a Federal employee or annuitant to enroll in FEHB if he or she:

• Was covered under FEHB as a family member at some time during the 18 months before the marriage ended,
• Has not remarried before reaching age 55, and
• Has a qualifying court order (a court order that awards the former spouse a portion of the employee's or retiree's annuity benefit or a survivor benefit based on the employee's or retiree's Federal service).

The cost of coverage under the spouse equity provisions is slightly less than under TCC (temporary continuation of coverage). Spouse equity enrollees pay the full premiums (both the employee and Government shares), but they do not pay the extra 2 percent administrative charge.

Coverage under a spouse equity enrollment does not begin until after the Office of Personnel Management has reviewed the court order to determine if it is “qualifying” and the employing office gets both the election form and proof that the former spouse is eligible for coverage under the spouse equity provisions. The former spouse can enroll under TCC while waiting for the spouse equity coverage to begin to avoid any gap in health insurance coverage.

There is no specific time limit on how long spouse equity enrollments can continue. The enrollment can continue as long as the former spouse meets the requirements given above and pays the premiums when they are due. If the former spouse loses eligibility under the spouse equity provisions (for example, he or she remarries before reaching age 55) before the 36-month period for TCC runs out, the former spouse can change to a TCC enrollment, which can continue for the remainder of the 36-month period. (See “Changing from a spouse equity enrollment to a TCC enrollment")

If you need more information about the spouse equity provisions, ask your employing office or see the Federal Employees Health Benefits (FEHB) Handbook at www.opm.gov/insure/handbook/FEHB31.asp.