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Military health insurance and divorce can create complex challenges, particularly for non-military spouses who depend on TRICARE for coverage. When a marriage ends, questions about continued eligibility and access to healthcare often arise, adding stress to an already difficult time. Factors like the length of the marriage, the duration of military service, and specific TRICARE guidelines determine whether coverage continues or ends. For many, losing military health insurance can be daunting—but understanding the rules and available options can ease the transition and help prevent costly gaps in care. With the right guidance, you can make informed decisions and protect your health after divorce.
Military Health Insurance and Divorce
Divorce can create financial and legal challenges, especially for military families. Health insurance is one of the biggest concerns for spouses and children. Military health benefits, such as TRICARE, provide essential coverage, but divorce can change eligibility. Understanding how coverage works and what options exist after divorce can help spouses and children avoid losing access to medical care.
TRICARE Coverage and Divorce
TRICARE covers active-duty service members, retired military personnel, and their dependents. When a couple divorces, the non-military spouse may lose eligibility. The military member’s status and the length of the marriage determine how long a spouse can remain covered.
The 20/20/20 Rule
The 20/20/20 rule allows a former spouse to keep TRICARE benefits if:
- The marriage lasted at least 20 years
- The service member served at least 20 years
- The marriage and service time overlapped for at least 20 years
A spouse who meets these conditions can stay on TRICARE as long as they do not remarry or have other insurance.
The 20/20/15 Rule
A spouse who does not meet the full 20/20/20 rule may still qualify under the 20/20/15 rule. This rule applies if:
- The marriage lasted at least 20 years
- The service member served at least 20 years
- The marriage and service time overlapped for at least 15 years
A former spouse under this rule can keep TRICARE for one year after the divorce. After that, they must find other coverage.
Children and TRICARE After Divorce
Children remain covered under TRICARE as long as they meet eligibility requirements. Divorce does not change their coverage, even if the custodial parent is the non-military spouse. The service member must ensure the children remain listed in the Defense Enrollment Eligibility Reporting System (DEERS) to avoid interruptions in care.
Health Insurance Options for Former Military Spouses
Many former spouses who lose TRICARE coverage need new health insurance. Several options exist, including temporary programs and long-term plans.
The Continued Health Care Benefit Program (CHCBP)
CHCBP provides temporary coverage for former spouses who lose TRICARE eligibility. It acts as a bridge to private insurance and allows coverage for up to 36 months. Some former spouses may qualify for indefinite coverage, but they must meet strict requirements.
Employer-Sponsored Insurance
Many divorced spouses find coverage through an employer. If an employer offers health insurance, the former spouse may enroll during the open enrollment period or a special enrollment period triggered by the divorce.
Marketplace Health Plans
The Health Insurance Marketplace offers plans that cover essential health benefits. Divorced spouses can apply for coverage and may qualify for subsidies based on income.
Medicaid
Some former spouses qualify for Medicaid based on income. Each state sets its own guidelines, so checking local eligibility rules is important.
Preparing for Health Insurance Changes During Divorce
Divorce can be a long process, and health insurance coverage can change during different stages. Taking steps early can prevent gaps in coverage.
Verify TRICARE Eligibility
Checking DEERS ensures the system has accurate information about the spouse and children. Updating records before the divorce becomes final can prevent delays in accessing care.
Plan for Coverage After Divorce
If a spouse expects to lose TRICARE, researching other options early can help avoid last-minute decisions. Looking into employer plans, CHCBP, and marketplace options can provide a smooth transition.
Consider Legal Agreements
Some divorce settlements include provisions for health insurance. Negotiating coverage responsibilities during the divorce process can help both spouses understand their options.
Common Myths About Military Divorce and Health Insurance
Many misconceptions exist about military health insurance and divorce. Understanding the facts can help spouses make informed decisions.
Myth: A Former Spouse Always Keeps TRICARE Coverage
TRICARE eligibility depends on the length of the marriage and military service. Only those who meet the 20/20/20 or 20/20/15 rules can keep coverage for a specific period.
Myth: Children Automatically Lose Coverage After Divorce
Children remain covered under TRICARE as long as they qualify as dependents. The service member must ensure they remain registered in DEERS.
Myth: A Former Spouse Can Stay on TRICARE if the Service Member Agrees
Military health insurance follows strict rules. A service member cannot grant coverage to a former spouse outside of TRICARE eligibility guidelines.
Final Thoughts
Navigating military health insurance and divorce requires careful planning to avoid unexpected gaps in coverage. While TRICARE may extend benefits under certain conditions, many former spouses must seek alternative health insurance options once the divorce is finalized. Understanding the eligibility rules and exploring new coverage early can ease the transition and ensure continuous access to medical care. With the right information and preparation, you can confidently manage the healthcare changes that come with military divorce.
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