Marie24
recently joined
Reged: 02/24/10
Posts: 2
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My husband is in the military (USMC). We've been married for 6 years; no kids--thank goodness. I just want out of this unhappy marriage. I don't know where to begin the process. We have no assets, other than 1 vehicle that's in his name only but I have a feeling that he won't agree to a "simple DIY divorce". Should I talk to a civilian lawyer or are legal services provided to dependents also? Another addition to this situation is that he may be deployed to Afghanistan within a couple of months and I want out of this marriage as soon as I possibly can. I don’t want to have to wait for him to return to the states so that I may move on with my life. What about medical insurance? Will that continue for me post-divorce or would I need to search for private coverage? Is there a COBRA offered when a military divorce is final? Any comments/responses are welcome.
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Redlegg
Carpal \'Tunnel
Reged: 10/05/06
Posts: 26686
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The advice you will get from legal is to find a civilian attorney. They are right. You can file before he is deployed, and it may not be final until after he gets back. That could happen to protect his interests, which is fair. He will be gone, so it should not be an issue, unless you need to be divorced fast.
Here is the eligibility criteria for healthcare for former spouses.:
Former spouses of active, retired or former military members may be eligible for TRICARE if they meet the following requirements:
Must not have remarried. (If remarried, the loss of benefits remains applicable even if the remarriage ends in death or divorce.)
Must not be covered by an employer-sponsored health plan.
Must not be the former spouse of a North Atlantic Treaty Organization or Partners for Peace nation member.
Must meet the requirements of one (not all) of the following three situations:
Situation 1
Must have been married to the SAME member or former member for at least 20 years, and at least 20 of those years must have been creditable in determining the member's eligibility for retirement pay.
If the date of the final decree of divorce or annulment was on or after February 1, 1983, the former spouse is eligible for TRICARE coverage of health care that is received after the date of the divorce or annulment.
If the date of the final decree is before February 1, 1983, the former spouse is eligible for TRICARE coverage of health care received on or after January 1, 1985.
Eligibility continues as long as the preceding requirements continue to be met.
Situation 2
Must have been married to the SAME member or former member for at least 20 years, and at least 15, but less than 20, of those years must have been creditable in determining the member's eligibility for retirement pay.
If the date of the final decree of divorce or annulment is before April 1, 1985, the former spouse is eligible only for care received on or after January 1, 1985, or the date of the decree, whichever is later.
Eligibility continues as long as the preceding requirements continue to be met. However, if the date of the final divorce decree or annulment is on or after April 1, 1985, but before September 29, 1988, the former spouse is eligible for care received from the date of the decree until December 31, 1988, or two years from the date of the decree, whichever is later.
Situation 3
Must have been married to the SAME member or former member for at least 20 years, and at least 15, but less than 20, of those years must have been creditable in determining the member's eligibility for retirement pay
If the date of the final decree of divorce or annulment is on or after September 29, 1988, the former spouse is eligible only for care received for one year from the date of the decree.
Health Plan Options
If you qualify for TRICARE coverage based on the requirements listed above, you're covered with the same benefits as a retired family member.
Visit w ww.tricare.mil/enrollment/index.cfm for TRICARE Enrollment and Claim Forms.
For general information about TRICARE, call one of the many toll-free TRICARE information lines found at the TRICARE Contact Us web page.
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Marie24
recently joined
Reged: 02/24/10
Posts: 2
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I made a consult appointment with a civilian attorney who I happen to know and trust so thank-you for the response. If there is anything else that anyone would like to add, please feel free.
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