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Life Events | What Happens to Your Federal Employee Benefits When You Separate or Divorce?
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What Happens to Your Federal Employee Benefits When You Separate or Divorce?
If you experience a separation or divorce as a federal employee, below you will
find the variious actions you may need to take for each of the following
programs: Federal Employees Health Benefits (FEHB) Program, Federal Employees
Dental and Vision Insurance Program (FEDVIP), Federal Flexible Spending Account
Program (FSAFEDS), Federal Long Term Care Insurance Program (FLTCIP), and
Federal Employees' Group Life Insurance (FEGLI).
Federal Employees Health Benefits (FEHB) Program
If you have a Self and Family FEHB enrollment in FEHB, your spouse is
eligible to continue coverage under your enrollment while you are legally
separated or in the process of getting a divorce or an annulment. Once the
divorce or annulment is final, your ex-spouse loses coverage at midnight of the
day the divorce or annulment is final, subject to a 31-day extension of
coverage.
You can find more information in the FEHB Handbook here.
After the divorce or annulment is final, your ex-spouse cannot remain covered
as a family member under your Self and Family enrollment (even if a court order
requires it). Your ex-spouse may be eligible to enroll under Spouse Equity, or
Temporary Continuation of Coverage (TCC), or convert to an individual policy
with your carrier. Please visit the former spouses section of the FEHB Handbook
from OPM for more information here.
If you have a Self and Family FEHB enrollment and there are no other eligible
family members, the divorce is a Qualifying Life Event. Within 60 days of the
date of your divorce or annulment, you can change to a Self Only enrollment. At
the same time, you can change plans or options.
If you have a Self and Family enrollment and other eligible family members on
the enrollment, you must contact your FEHB plan to let them know the date of the
divorce or annulment and have them remove your ex-spouse. You do not need to
complete a SF 2809 (Health Benefits Election Form) or obtain any agency
verification in these situations. However, your plan may ask for a copy of the
divorce decree as proof.
More information from OPM can be found in the "frequently asked
questions" on separation and divorce here.
Federal Employees Dental and Vision Insurance Program
(FEDVIP)
If your spouse is currently covered under your FEDVIP enrollment, that
coverage will continue until the final date of divorce or until the effective
date of an Open Season change. You cannot remove your spouse outside of an Open
Season just because you are separating or in the process of divorce.
Once you are divorced, your ex-spouse will not be eligible as a family member
under your enrollment in FEDVIP. There is no Spouse Equity, temporary
continuation of coverage (TCC), or the right to convert to an individual policy
in the FEDVIP Program.
If you have him/her listed as your "One" under a Self Plus One enrollment or
under your Self and Family enrollment, you must remove him or her from your
FEDVIP enrollment immediately upon the effective date of the divorce through
your BENEFEDS account at http://www.BENEFEDS.com. However, please know
that even if you do not remove him/her from your account, he/she is not covered
after the divorce and you are responsible for any benefits paid in error on
his/her behalf.
If the divorce means your coverage should now be a Self Only or Self Plus One
enrollment, you can decrease your enrollment type from 31 days before to 60 days
after the date he/she moved out as a "Qualifying Life Event" at http://www.BENEFEDS.com. Don't miss these
dates or you will have to wait until the next Federal Benefits Open Season to
make the change and may be paying a higher premium for coverage you cannot use.
If you do not have access to a computer, call BENEFEDS at 1-877-888-FEDS
(3337), TTY 1-877-889-5680.
Federal Employees' Group Life Insurance (FEGLI) Program
Unless you've assigned your coverage, you can reduce or cancel coverage at
any time. Benefits may also be paid based on a valid court order. If you have
Family Option-C and don't cancel it, coverage continues on your spouse until the
marriage is terminated. Option-C benefits are not payable even if you continue
to pay Option-C premiums. You should notify your human resources office or
retirement system promptly after the termination of your marriage.
You also can change your designation at any time without prior notice to any
beneficiary.
Federal Flexible Spending Account Program (FSAFEDS)
You may be able to enroll in an FSAFEDS health care flexible spending account
and/or dependent care account or change your current election(s) from 31 days
before the event to 60 days after the event (if your agency participates in
FSAFEDS). For the health care account, you must also be eligible to enroll in
the FEHB Program. Your requested change must be consistent with the event and
you cannot enroll or increase your election(s) after October first (you would
have to wait until Open Season).
If it is a legal separation, you may be able to enroll in an FSAFEDS health
care flexible spending account and/or dependent care account or change your
current election(s) from 31 days before the event to 60 days after the event (if
your agency participates in FSAFEDS). For the health care account, you must also
be eligible to enroll in the FEHB Program. Your requested change must be
consistent with the event and you cannot enroll or increase your election(s)
after October first (you would have to wait until Open Season).
Download the "Qualifying Life Event" from FSAFEDS.com here or
call FSAFEDS at 1-877-FSAFEDS (372-3337), TTY: 1-800-952-0450 to discuss
possible options.
Federal Long Term Care Insurance Program (FLTCIP)
A change in marital status does not affect your coverage or premiums, but may
affect your eligibility to apply if you are no longer a qualified relative of an
employee or annuitant.
If you are currently paying the premiums for your spouse and now no longer
wish to pay premiums for an ex-spouse, you should contact Long Term Care
Partners at 1-800-LTCFEDS (1-800-582-3337) to make other billing
arrangements.
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