Divorce brings many changes, including the question of health insurance. TRICARE after the divorce is not guaranteed, and losing coverage can create financial stress. Military spouses who relied on TRICARE may wonder if they can keep their benefits or if they need to find a new plan. The answer depends on factors like the length of the marriage and military service. Some former spouses continue receiving TRICARE, while others must explore other options. Understanding the rules can help in planning the next steps and avoiding unexpected gaps in healthcare.
Can I Keep TRICARE After the Divorce?
Divorce can bring significant changes, including the loss of health benefits. TRICARE provides healthcare coverage for military members, their spouses, and dependents, but divorce can affect eligibility. Understanding the rules for TRICARE after divorce helps in making informed decisions.
TRICARE Coverage for Former Spouses
TRICARE does not automatically cover former spouses after a divorce. Eligibility depends on the length of the marriage, the military service period, and whether the former spouse remarries. Some may qualify for continued coverage, while others must seek new insurance.
The 20/20/20 Rule
A former spouse may continue receiving TRICARE if they meet all these conditions:
- The marriage lasted at least 20 years.
- The service member served at least 20 years of creditable military service.
- The marriage and military service overlapped for at least 20 years.
Former spouses who meet these requirements can keep TRICARE benefits as long as they do not remarry or enroll in an employer-sponsored health plan.
The 20/20/15 Rule
Some spouses do not meet the full 20/20/20 requirements but may still qualify under the 20/20/15 rule. This applies if:
- The marriage lasted at least 20 years.
- The service member had at least 20 years of service.
- The marriage and military service overlapped for at least 15 years but less than 20.
Under this rule, TRICARE benefits continue for one year after the divorce. After this period, the former spouse must find other health coverage.
Losing TRICARE Eligibility
Former spouses who do not qualify under the 20/20/20 or 20/20/15 rules lose TRICARE coverage once the divorce is final. They must explore other health insurance options, such as employer plans or private coverage.
What Happens If You Remarry?
Remarriage ends TRICARE eligibility for former spouses, even if they meet the 20/20/20 rule. Once a former spouse remarries, they must seek coverage through their new spouse’s health plan or another provider. TRICARE does not allow reinstatement after remarriage, even if the new marriage ends in divorce or death.
Alternative Coverage Options
Losing TRICARE does not mean losing healthcare access. Former spouses have several options for maintaining coverage.
Continued Health Care Benefit Program (CHCBP)
CHCBP offers temporary coverage similar to TRICARE for those who lose eligibility after divorce. This program works as a bridge while finding permanent coverage. CHCBP provides benefits for up to 36 months, but former spouses who meet 20/20/20 requirements can remain enrolled indefinitely if they do not remarry.
Employer-Sponsored Health Plans
Many former spouses transition to an employer’s health insurance plan after losing TRICARE. Checking with an employer about available plans helps ensure continuous coverage.
Private Health Insurance
Those without employer-sponsored coverage can purchase private health insurance. Marketplace plans under the Affordable Care Act provide several options. Some may qualify for subsidies based on income.
Medicare Eligibility
Former spouses who qualify for Medicare due to age or disability can enroll in Medicare Part A and Part B. TRICARE For Life acts as secondary coverage for those who qualify.
Coverage for Children After Divorce
A divorce does not affect TRICARE eligibility for dependent children. The service member remains responsible for ensuring their children stay covered. Children remain eligible until they turn 21 or 23 if enrolled in college full-time.
What If the Service Member Does Not Enroll the Child?
A former spouse can request enrollment if the service member does not enroll the child. The Defense Enrollment Eligibility Reporting System (DEERS) must reflect the child’s status to maintain coverage.
Does Custody Affect Coverage?
TRICARE covers eligible children regardless of custody arrangements. As long as the service member remains eligible, their children continue receiving benefits.
Steps to Take After Divorce
Losing TRICARE requires action to maintain continuous health coverage. Taking these steps can help ease the transition.
Confirm TRICARE Eligibility
Check eligibility through DEERS before assuming coverage continues. Logging into the DEERS system or contacting a TRICARE representative helps clarify coverage status.
Consider CHCBP Enrollment
Those losing TRICARE should apply for CHCBP within 60 days of losing eligibility. This prevents gaps in healthcare access while seeking other options.
Review Health Insurance Plans
Comparing employer-sponsored and private plans ensures the best coverage at a reasonable cost. Marketplace plans can provide affordable alternatives if no employer plan is available.
Keep DEERS Updated
Updating personal information in DEERS ensures children remain covered and prevents delays in securing new coverage.
Final Thoughts
Divorce changes healthcare coverage, but options exist for former spouses and children. Those meeting the 20/20/20 or 20/20/15 rules may continue receiving TRICARE, while others can seek coverage through CHCBP, employer plans, or private insurance. Understanding the rules and taking early action helps prevent gaps in healthcare access.
Other Related Articles:
- Military health insurance and divorce
- Health Insurance Considerations after a Divorce
- How to work life insurance into your estate planning
- Can you keep your spouse on your health insurance after a divorce?
- Issues related to health insurance and divorce in Texas
- What are important topics surrounding insurance in a Texas divorce?
- Divorcing in Texas? Know how to protect yourself and your family by having proper insurance
- Important post-divorce issues related to health insurance for Texas residents
- Designating beneficiaries for insurance and retirement after your divorce
- Texas Divorce and Child Support – Life Insurance Obligations
Frequently Asked Questions
Tricare offers various plans for Texas residents, including Tricare Prime, Tricare Select, and Tricare For Life. The specific plan you qualify for depends on your eligibility and specific circumstances. It’s recommended to visit the Tricare website or contact a Tricare representative for detailed information about the available options and eligibility criteria.
The duration of Tricare coverage depends on several factors, such as your military service status, length of marriage, and overlapping timelines. Generally, if you meet the requirements under the 20/20/20 rule (being married for at least 20 years, the service member serving for 20 years, and the marriage and military service overlapping for at least 20 years), you can keep Tricare indefinitely. However, there are other eligibility options available, including coverage for a year after divorce if certain criteria are met. It’s best to consult Tricare resources or speak with a Tricare representative to understand your specific situation and eligibility for continued coverage.
