FALLS CHURCH, Va.– If you’re getting divorced, the future may seem uncertain. One question in your mind may be whether you’ll still be eligible for TRICARE. The answer depends on your sponsor status, length of your marriage, and other factors. Read more so you and your loved ones understand your TRICARE health care options after divorce.
“After a divorce, the sponsor and both the sponsor’s biological and the sponsor’s adopted children remain eligible for TRICARE,” said Mark Ellis, chief of the Policy Programs Section of the TRICARE Health Plan at the Defense Health Agency. “The former spouse only remains eligible for TRICARE if he or she meets certain criteria, and any stepchildren of the sponsor which the sponsor did not adopt lose eligibility.”
I’m the sponsor. What do I do?
After the divorce is final, you must bring a certified copy of the divorce decree or annulment to a local ID card office. This way, information in the Defense Enrollment Eligibility System (DEERS) can be updated.
Because getting divorced is a TRICARE Qualifying Life Event (QLE), you and your eligible children may make changes to your TRICARE Prime or TRICARE Select health plans. You have 90 days after the divorce to do so, if you choose to do so. Check out the TRICARE Qualifying Life Events Fact Sheet to learn more about QLEs. And you can learn more about plan options with the TRICARE Plans Overview.
I’m the former spouse. How do I know if I remain eligible?
You remain eligible for TRICARE only if you meet certain criteria. Your sponsor’s military Service Component is responsible for determining your continuing eligibility. If you and your sponsor are separated or living apart, but not divorced, you keep TRICARE benefits. After a divorce, you may be eligible for TRICARE coverage if you fit into one of the following scenarios:
- 20/20/20:Under the 20/20/20 rule, you keep TRICARE health care benefits for as long as you remain eligible if:
- You were married to the service member for at least 20 years,
- The service member served in the armed forces for at least 20 years, and
- The marriage and the period of service overlapped for at least 20 years.
- 20/20/15:Under the 20/20/15 rule, you keep TRICARE health care benefits for one year if:
- You were married to the service member for at least 20 years,
- The service member served in the armed forces for at least 20 years, and
- The marriage and the period of service overlapped for at least 15 years.
If you don’t meet these criteria, you stay eligible up until the day the divorce is final.If the sponsor didn’t adopt his or her stepchildren, they also lose eligibility once the divorce is final.
I’m a former spouse who is still eligible based on criteria above. What do I do next?
To establish eligibility, bring your marriage certificate, divorce decree, and proof of service (DD Form 214orStatement of Servicefrom the applicableService Personnel Component) to your local ID card office.
“If you meet the former spouse requirements, you’ll be listed in DEERS under your own Social Security number or Department of Defense Benefits Number, not your sponsor’s,” said Ellis.
When you qualify for TRICARE as a former spouse, you have the same benefits as a retired family member, and yourhealth plan optionsdepend on where you live.Keep in mind, you’ll lose TRICARE benefits if you remarry or enroll in an employer-sponsored health plan.
I’m the former spouse and don’t qualify to keep TRICARE. What are my options?
If you don’t meet the requirements, you stay eligible up until the day the divorce is final. After that, you still have health care options. You may:
- Purchase temporary transitional coverage through the Continued Health Care Benefit Program (CHCBP).You must apply for CHCBP within 60 days from the date of the divorce. CHCBP coverage isn’t available to you if your sponsor served in NATO or Partners for Peace. Certain former spouses who haven’t remarried before age 55 may qualify for an unlimited duration of coverage.
- Search theHealth Insurance Marketplaceto find a civilian health plan or check eligibility for Medicaid in your state.
- Get coverage through your employer, school, or university.
Continuing Eligibility for Children
The sponsor’s biological and adopted children remain eligible forTRICARE after divorce. However, the sponsor’s children will lose eligibility when they turn age 21 (or 23 if in college), marry, or serve on active duty. Once no longer eligible due to age, children up to the age of 26 may qualify to purchaseTRICARE Young Adult. If the sponsor didn’t adopt his or her stepchildren, they lose eligibility once the divorce is final. In that case, you may want to explore other health care coverage options available through an employer or the Health Insurance Marketplace.
Going through a divorce is hard. But you have health plan options for the road ahead. Learn more about TRICARE coverage after divorce.
FAQs
“The former spouse only remains eligible for TRICARE if he or she meets certain criteria, and any stepchildren of the sponsor which the sponsor did not adopt lose eligibility.”
Do I lose TRICARE if I get divorced? ›
After a divorce, the sponsor remains eligible for TRICARE. This is the same for the sponsor's biological and adopted children. The former spouse only remains eligible for TRICARE if he or she meets certain criteria. If not, the former spouse stays eligible up until the day the divorce is final.
Do you lose military benefits if divorced? ›
In most cases, spouses of service members lose their military benefits after a divorce. This means they are no longer entitled to base housing, a housing allowance, commissary privileges, post exchange privileges, and on-base medical care.
How do I notify TRICARE of divorce? ›
How do I report my divorce to TRICARE?
- Visit a local ID card office with a copy of your divorce decree;
- Fax a copy of your divorce decree to 1-831-655-8317; or.
- Mail a copy of your divorce decree to:
Military retirees can continue TRICARE coverage indefinitely after leaving the service, but generally speaking, other veterans cannot. When you leave the service, you may be surprised at the how much civilian health care actually costs.
Can you lose TRICARE benefits? ›
Loss of Eligibility
Your TRS coverage automatically ends if you leave the Selected Reserve or lose eligibility for any other reason. You may purchase TRS coverage again if you re-qualify.
What is the 10 10 rule for TRICARE? ›
The 10/10 Rule states that if you were married at least 10 years and your spouse performed 10 years of military service, then you'll receive any awarded military retirement directly from Defense Finance Accounting Service or DFAS.
What are the benefits of a military wife who is divorced? ›
These benefits, in addition to possibly 50 percent of the retired pension, include full commissary and exchange privileges and full medical benefits under the TRICARE system. These benefits remain for the life of the former spouse, or the Servicemember, or until the former spouse remarries.
What are the rights of a divorced military spouse? ›
What is a military spouse entitled to in a divorce? A military spouse is entitled to the same fair division of property as a civilian spouse. Depending on the circ*mstances, the court may also order alimony and/or child support. However, there are some special rules applied due to military benefits.
What is the 20 20 rule for military divorce? ›
FORMER SPOUSES: THE 20/20/20 RULE
are extended to a former spouse if: ➢ The parties were married for at least 20 years; ➢ The military member performed at least 20 years of service creditable for retirement; and ➢ There was at least a 20-year overlap of the marriage and the military service.
Direct Payment of Retired Pay to a Former Spouse
To qualify for direct payment, the USFSPA requires that a former spouse must have been married to the member during at least 10 years of the member's service creditable for retired pay.
Can a military spouse keep an ID card after divorce? ›
After the divorce
After the finalization of the divorce, the fate of the military ID card can vary based on several factors. 20/20/20 rule: If the marriage lasted for at least 20 years, the non-military spouse can retain their military ID card, along with access to military healthcare, commissaries, and exchanges.
What are the medical benefits for military divorce? ›
Pursuant to 10 U.S. Code § 1072(2)(F), a former spouse of a service member is defined as a dependent, and therefore entitled to all military benefits and installation privileges, including medical, commissary, military exchanges (PX/BX), etc.
What happens to TRICARE benefits in divorce? ›
Former spouse's benefits will end at 12:01 a.m. on the day of the divorce or annulment, unless he or she meet certain requirements. If these requirements are met, former spouses: Remain eligible for TRICARE. Will use their own name and health benefit number to get care and file claims.
Do military members get free healthcare for life? ›
Yes. TRICARE provides comprehensive coverage and delivers a high level of care. While there are costs for beneficiaries not on active duty, the overall expense is low compared to most civilian health plans. And, TRICARE for Life provides free Medicare wraparound coverage for retirees with Medicare Parts A and B.
How long do you have to be married to a veteran to get benefits after divorce? ›
The former spouse was married to the military member for at least 20 years at the time of the divorce, dissolution or annulment. The military member has performed at least 20 years of service that is creditable in determining eligibility for retired pay (the member does not have to be retired from active duty).
How long does a military spouse have insurance after divorce? ›
Similar to COBRA plans, TRICARE's Continued Health Care Benefit Program (CHCBP) typically provides up to 36 months of coverage to help former spouses of military members bridge the gap after a divorce.
Can you keep your military ID after divorce? ›
After the divorce
20/20/20 rule: If the marriage lasted for at least 20 years, the non-military spouse can retain their military ID card, along with access to military healthcare, commissaries, and exchanges. This rule applies even if the non-military spouse remarries or divorces again.
How does divorce work in the military? ›
A military divorce is similar in many ways to a divorce among civilians. You still have to go to divorce court and have your marriage legally dissolved. And you still need to make arrangements for how property is divided as well as for how you will share custody of any children.
