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Former Spouse of Military Personnel
The following former spouse categories "20/20/20' and "20/20/15" are eligible for issuance of a DD Form 2765 (Tan color); Uniformed Services Identification and Privilege (USIP) card. The Uniformed Services Former Spouses' Protection Act (USFSPA) is contained in public law; therefore, the uniformed services have no authority to waive or make exceptions to the eligibility criteria. Initial verification of former spouse eligibility must be accomplished by the military member's service personnel office.
Category: 20/20/20
Individuals meeting the following 20/20/20 eligibility criteria qualify for issuance of a 4-year renewable DD Form 2765, ID card, reflecting all benefits & privileges (medical, commissary, exchange, and Morale, Welfare, & Recreation (MWR)). To qualify under this category, on the date of divorce, dissolution or annulment of marriage, all three eligibility requirements must have been met:
- An un remarried former spouse must have been married to a military member for at least 20 years.
- The military member must have performed at least 20 years of service that is creditable in determining eligibility for retired pay.
- There must have been at least a 20-year overlap of marriage and military service. Amount of overlap (the marriage time occurring during the military member's service time) and final date of divorce, determines the type of benefits and privileges the former spouse is entitled. For 15-year overlap of marriage time occurring during the military member's service time, see paragraph B, Category 20/20/15.
Individuals meeting the following 20/20/15 eligibility criteria qualify for issuance of a 4-year renewable DD Form 2765, ID card, reflecting medical benefits only. Shopping privileges are not authorized under the 20/20/15 category. To qualify under this category, on the date of divorce, dissolution or annulment of marriage, all four eligibility requirements must have been met:
- An un remarried former spouse must have been married to a military member for at least 20 years.
- The military member must have performed at least 20 years of service that is creditable in determining eligibility for retired pay.
- There must have been at least a 15-year overlap of marriage and military service.
- The divorce must have occurred prior to 1 April 1985.
Category: 20/20/15 - Divorced on or after 29 September 1988
Individuals meeting the following 20/20/15 eligibility criteria qualify for issuance of a 1-year, DD Form 2765, ID card, reflecting medical benefits only. Shopping privileges are not authorized under the 20/20/15 category. The eligibility is valid for only one-year from the final date of divorce. To qualify under this category, on the date of divorce, dissolution or annulment of marriage all four eligibility requirements must have been met:
- An un remarried former spouse must have been married to a military member for at least 20 years.
- The military member must have performed at least 20 years of service that is creditable in determining eligibility for retired pay.
- There must have been at least a 15-year overlap of marriage and military service.
- The divorce must have occurred on or after 29 September 1988.
Note: Former spouses with 15 years overlap whose divorce occurred on or after 1 April 1985 but prior to 29 September 1988 are no longer eligible for a DD Form 2765 as this time period is now expired.
The following information is in addition to the above former spouse eligibility criteria.
If a former spouse is enrolled in an employer-sponsored health plan, medical care benefits are not authorized. When a former spouse is no longer enrolled in an employer-sponsor health plan, then, medical care benefits may be reinstated, provided all eligibility conditions continue to be met. Exception: Former spouses, who qualify for a 1-year DD Form 2765, medical benefits will not exceed the 1-year period of coverage from final date of divorce.
Former spouses of military members who are on active duty and have 20-years or more creditable service in determining eligibility to retire pay are eligible to apply for a DD Form 2765; the military member does not have to be in a retired status.
A former spouse of a military member who retired under an early retirement program with less than 20 service years (creditable in determining eligibility to retired pay) is not eligible under the USFSPA.
A former spouse of a military member who was placed on the Temporary or Permanent Disability Retirement Lists (PDRL) with less than 20 years (creditable in determining eligibility to retired pay) is not eligible under the USFSPA.
A former spouse who initially qualified under Category 20/20/20 but loses eligibility because of remarriage, and subsequently becomes unmarried through death or divorce of a spouse, is entitled to reinstatement of shopping privileges only (commissary, exchange, and MWR) and issuance of a DD Form 2765 ID card under the USFSPA. Medical care benefits are not authorized.
A former spouse who initially qualified under Category 20/20/15 but loses eligibility because of remarriage, and subsequently becomes unmarried through death or divorce of a spouse is not eligible for reinstatement of medical benefits under the USFSPA. Shopping privileges are not authorized for this former spouse category.
A former spouse who no longer qualifies for medical care benefits may be eligible for the Continued Health Care Benefit Program (CHCBP). Write or call the CHCBP Administrator: Humana Military Healthcare Services, Inc., Attn CHCBP; PO Box 740072; Louisville, KY 40201; Phone: 1-800-444-5445.
To apply for a DD Form 2765 ID card, the former spouse must provide a copy of the marriage certificate, divorce decree and a Statement of Service or a complete set of DD Form 214s, Certificate of Release or Discharge from Active Duty to the nearest Air Force military personnel office or send to the my-Pers Total Force Service Center (myPers-TFSC). If there are difficulties in obtaining a Statement of Service or a complete set of DD Form 214s, contact the nearest Air Force military personnel office or contact the myPers-TFSC.
A qualifying former spouse of a Reserve member entitled to retired pay at age 60 will not be issued a DD Form 2765 (Tan) ID card until the reserve member has or would have attained age 60; and then, only after HQ ARPC Retirements Branch has verified the eligibility. Exception: Qualifying former spouses (20/20/20 category) are eligible to receive the DD Form 1173-1 (Red) ID card with privileges to the commissary, exchange, and Morale, Welfare, & Recreation (MWR). No medical benefits are provided to the former spouse until the reserve member or former member has attained age 60. When the reserve member or former member reaches age 60, then, the former spouse becomes eligible for medical benefits with the Military Treatment Facility (MTF) and TRICARE. Questions or additional information on members and their spouses may be directed to the myPers-TFSC, or see initial former spouse application below.
AIR FORCE FORMER SPOUSE DETERMINATION (INITIAL APPLICATION REQUEST)
Initial former spouse determination request should be sent to the myPers-TFSC for Active, Air National Guard (ANG), Air Force Reserve (AFR), and retired sponsors. For assistance, contact myPers-TFSC. Note: Military sponsor may apply on behalf of ex-spouse for initial determination of eligibility.
myPers - TFSC
Active and Retired E-mail: afpc.fmrsp@us.af.mil
Fax: (210) 565-6219, DSN 665
HQ AFPC/DPTOC
550 C Street West, Suite 37
Randolph AFB TX 78150
Air National Guard and Air Force Reserve
E-mail: arpc.contactcenter@arpc.denver.af.mil
Fax: (478) 327-2215, DSN 497
HQ ARPC/DPTTE
18420 East Silver Creek Ave, Bldg 390, MS68
Buckley AFB, CO 80013
The following conditions apply for initial request of eligibility:
- (1) Military sponsor served at least 20 years of military service (creditable in determining his or her eligibility for receiving retired pay), (2) the marriage time was at least 20 years, and (3) the marriage time occurring during the sponsor's military service was at least 15 to 20 years.
- Ex-spouse has / has not remarried since the date of divorce.
- Ex-spouse presently does / does not have medical coverage (from an employer sponsored plan).
- Submit copies of final divorce decree, marriage certificate, and two forms of identity (Department of U.S. Homeland Security, I-9, Lists of Acceptable Documents, Form I-9 Employment Eligiblity Verification.
- Submit DD Form 1172-2, Application For Identification Card/DEERS Enrollment listing military sponsor and ex-spouse information from DEERS/RAPIDS (if available). Note: DEERS information can be obtained from a uniformed Services RAPIDS facility or contact the myPers-TFSC further assistance.
- Ex-spouse understands that if the information within this request is either incorrect or false; any ID card issued may be retrieved, or may become liable for reimbursement to the Government for unauthorized medical care. Any changes to former spouse status in DEERS, i.e., remarriage or obtaining medical coverage (from an employer sponsored plan), contact the myPers-TFSC.
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