Military health insurance and divorce

Divorce and military health insurance can create confusion, especially when one spouse depends on TRICARE for medical care and prescriptions. Coverage may continue, end immediately, or shift to temporary options based on how long the marriage lasted and how it overlapped with the service member’s military career. These rules not only affect the former spouse but can also impact children’s access to care. Understanding how TRICARE handles divorce and military health insurance is key to protecting your benefits and planning for life after separation.

Understanding TRICARE Coverage Before and After Divorce

TRICARE serves as the primaryhealth insurance for active duty service members, retired military, National Guard and Reserve members, and their families. Spouses and children typically qualify as dependents. When a marriage ends, the dependent spouse usually loses access to those benefits.

Still, not everyone loses TRICARE the same way. A few specific rules give some former spouses continued access. Others may shift to short-term coverage or apply for separate federal insurance plans.

What Happens to Health Insurance After Military Divorce?

For the Active Duty or Retired Service Member

The service member keeps TRICARE without interruption. Divorce does not impact their enrollment or benefits. If they have children, those children remain covered as long as they meet eligibility requirements.

For the Civilian Spouse

This is where most of the change happens. A civilian spouse loses eligibility for TRICARE on the date the divorce becomes final unless they qualify under the 20/20/20 rule or 20/20/15 rule. These rules relate to how long the marriage overlapped with the military service.

20/20/20 Rule: Continued TRICARE Eligibility for Life

A former spouse can keep TRICARE for life if they meet three requirements:

• The marriage lasted at least 20 years
• The military member had at least 20 years of service that count toward retirement
• The marriage and the military service overlapped for at least 20 years

If all three conditions apply, the former spouse qualifies for full TRICARE benefits as long as they remain unmarried. They must also not be enrolled in an employer-sponsored health plan.

This rule grants nearly the same level of health insurance as before the divorce. It includes medical, dental, and pharmacy coverage with low out-of-pocket costs.

20/20/15 Rule: One Year of TRICARE Coverage

If the marriage lasted 20 years, the service member had at least 20 years of service, but the overlap between marriage and service was only 15 to 19 years, the civilian spouse may qualify for transitional coverage.

TRICARE will remain available for up to one year after the divorce. After that, the former spouse must seek coverage elsewhere unless eligible through other means, such as employer insurance or the Continued Health Care Benefit Program.

What Is the Continued Health Care Benefit Program (CHCBP)?

CHCBP acts as a bridge after TRICARE ends. It’s similar to COBRA in the civilian world. Former military spouses can buy CHCBP for up to 36 months after their TRICARE ends.

CHCBP costs more than TRICARE but offers similar coverage. It gives families time to adjust, especially if they lose TRICARE without meeting the 20/20/20 or 20/20/15 conditions.

As of 2025, the CHCBP costs around $1,654 per quarter for individual coverage and $4,079 per quarter for families. These rates may change annually. The plan covers medical and mental health services but does not include dental or vision.

What About Children After Divorce?

Children of service members remain eligible for TRICARE after a divorce. They retain their dependent status as long as they meet the age and status requirements.

• Biological and adopted children remain covered until age 21 or age 23 if enrolled in college full-time
• Stepchildren only remain eligible if the service member legally adopted them
• TRICARE Young Adult allows children aged 21 to 26 to enroll for an extra fee

Coverage follows the child, not the custodial parent. So even if the child lives with the non-military parent, they still access care through TRICARE.

Key Documents You’ll Need During the Process

Final Divorce Decree

This document proves the legal end of the marriage. TRICARE requires a copy to end or update dependent coverage.

Marriage Certificate and Military Service Record

To qualify under the 20/20/20 or 20/20/15 rule, you must show proof of marriage dates and the military member’s service record. The Defense Enrollment Eligibility Reporting System (DEERS) keeps these records but may request originals or certified copies.

Custody Agreement (If Children Are Involved)

TRICARE still covers eligible children, but the parent handling medical appointments will need to show custody or guardianship rights.

How to Prepare During the Divorce Process

Military divorces come with extra steps. Planning ahead helps you avoid losing coverage or making costly mistakes.

1. Check Eligibility Before Filing

Review your marriage length and the service member’s time in the military. Know if you fall under 20/20/20 or 20/20/15. This affects your options once the divorce becomes final.

2. Keep Your DEERS Information Updated

DEERS controls access to TRICARE. Update your marital status, address, and family relationships as soon as they change. An outdated record can block benefits or cause delays.

3. Talk to a TRICARE Office or Legal Assistance Attorney

Military bases have legal assistance offices that can guide you through TRICARE changes. They explain options and help you collect documents.

Can You Negotiate Continued Health Coverage in Divorce?

Courts can’t order the Department of Defense to extend TRICARE to a former spouse who does not qualify. However, you may include health care provisions in the divorce settlement. For example, the service member may agree to help cover the cost of CHCBP or private insurance.

Keep in mind, TRICARE coverage depends on federal law, not family court orders. So any agreement must work within the rules set by the Department of Defense.

Life After TRICARE: Other Health Insurance Options

If you lose TRICARE, consider these alternatives:

• Employer-Sponsored Insurance: Many former military spouses find coverage through a new job
• Marketplace Insurance: The federal health exchange offers plans with subsidies for those who qualify
• CHCBP: This short-term option buys you time to find a long-term plan
• Medicaid: Low-income individuals may qualify based on income and household size

Compare options early. Losing TRICARE may count as a qualifying event that lets you enroll outside open enrollment periods.

Final Thoughts

Divorce and military health insurance often bring major changes, especially for the non-military spouse. While the service member keeps TRICARE without interruption, the civilian spouse’s coverage depends on specific criteria. Some may qualify for lifetime benefits, while others receive coverage for only a year or must pay for temporary plans. Children typically remain covered as long as they are legal dependents, but it’s essential to review all documents, update DEERS, and clarify details before the divorce is finalized. Losing TRICARE can leave a gap, so it’s important to have a backup plan in place. With careful planning and a clear understanding of divorce and military health insurance rules, you can protect your health and ensure your children’s coverage stays intact.

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