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What happens to your FEHB when you divorce a federal employee?

On Behalf of | Apr 15, 2022 | Divorce

If you or your spouse is a federal employee, you have access to excellent benefits, including Federal Employees Health Benefits (FEHB). When spouses divorce, it is crucial to understand how your FEHB coverage and that of your family are affected. 

When just one spouse is a federal employee and the other spouse and children are covered under your spouse’s Self Plus One or their Self and Family plan, the non-federal employee spouse can remain covered until midnight on the date your divorce is final.

Your options for maintaining FEHB coverage after divorcing a federal employee

The good news about FEHB is that, unlike most private employer-sponsored health insurance plans, there are a couple of options for keeping your coverage after divorce. It’s important to decide which option you’ll choose before the date your current coverage under your spouse’s plan ends:

  • The Spouse Equity Act: In most cases, as long as your federal employee spouse was working at the time of the divorce and you were covered under their FEHB plan, the Spouse Equity Act entitles you to continue to receive these benefits under your own plan after the divorce is final.
  • Temporary Continuation Coverage (TCC): If you’re going to be obtaining your own coverage under another type of plan, you have an option to get TCC that will cover you until your new coverage takes effect.

What about the kids?

If you are a federal employee, you can continue to carry your children under your FEHB plan. If you have multiple children, you can keep your Self and Family plan. If you have just one child, you can change it to Self Plus One. 

Your health benefits are just one of the multiple kinds of federal benefits to consider as you go through the separation and divorce process. Whether you’re a federal employee or your spouse is, you want to be sure you know what changes need to be made. Having experienced legal guidance can help you avoid unnecessary and potentially costly mistakes and oversights.