TRICARE Benefits for Divorced Military Spouses

Health care benefits are essential for military families. With all of the long-distance moves and other big changes that come with military life, it’s good to know that you’ll still have health care coverage – whether you’re in Huntsville or Helsinki.

But what happens if you and your spouse divorce? Will you and your kids still be able to access these benefits?

What Is TRICARE?

TRICARE is essentially the medical insurance program for the military. The program, which is managed by the U.S. Defense Health Agency, provides comprehensive coverage for active military personnel and their dependents, as well as benefits for many military retirees, National Guard and Reserve members, and some former military spouses.

TRICARE covers members’ visits to the doctor, as well as prescriptions and many other benefits, depending on the plan the member selects and where they live.

How Does Divorce Affect Your TRICARE Benefits?

If you divorce a spouse who is in the military, your ex (referred to by TRICARE as the “sponsor”), and all of their biological or adopted children remain eligible for TRICARE up until they reach a certain age, join active-duty military themselves, or get married.

If you had children from a previous relationship when you entered the marriage, and your former military spouse didn’t adopt the children, then these children will no longer be able to access TRICARE benefits once the divorce is final.

However, you might still be able to access these health care benefits for yourself, depending on the length of your marriage, the amount of time your ex served in the military, and how long those two periods overlapped.

For example, under the 20/20/20 rule, if you and your former spouse were married for at least 20 years, they served in the military for at least 20 years, and at least 20 of these years overlapped, then you get to keep your no-cost TRICARE benefits as long as you remain eligible.

Additionally, if you were married for at least 20 years, your former spouse served in the military for at least 20 years, and at least 15 of these years overlapped, then you’re eligible for full TRICARE coverage for one year after the divorce under the 20/20/15 rule.

Even if you and your ex were married for a shorter amount of time or you don’t meet the other eligibility requirements for no-cost TRICARE coverage, you might still be eligible to purchase temporary coverage through the program.

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. To access CHCBP, you must apply for coverage within 60 days after your divorce.

Military Spouse Benefits After Divorce

In order for the former spouse of a military member to access benefits, they must meet several criteria and submit a range of documentation. For most benefits, the military member will have to update the Defense Enrollment Eligibility Reporting System (DEERS) to indicate they are now divorced.

Once they do this, you will be listed in the system under your own Department of Defense benefits number or your own Social Security number. To qualify for TRICARE as a former spouse, you’ll need to present your marriage certificate and divorce decree, along with a Statement of Service or DD Form 214, to prove your ex’s military service.

However, even if you initially qualify for TRICARE, you will lose these benefits if you remarry.

Beyond health care, there are several other military benefits that are important to keep in mind during a divorce. For one, spouses who meet the 20/20/20 rule can typically keep their military ID card and access privileges for base services like the commissary and the exchange, unless they remarry.

Additionally, military members can contribute to a Thrift Savings Plan (TSP) during their time in service, which is a retirement plan similar to a 401(k) or IRA. Depending on the current balance of the TSP account, this can be an incredibly valuable asset for spouses to pursue in the midst of a divorce.

Similarly, you can claim the right to a share of your ex’s military pension. If you were married for at least 10 years in a period that overlapped with your spouse’s active-duty service for at least 10 years (known as the 10-10 rule), then the Defense Finance and Accounting Service (DFAS) will usually pay your portion of the pension directly to you.

Even spouses who were married for a shorter time can claim part of their ex’s pension. While DFAS will not pay you directly if you don’t meet the 10-10 rule, a judge can still order the division of this asset in your divorce decree.

No matter the length of your marriage, pension payments will stop when the military retiree dies, unless they buy a Survivor Benefit Plan (SBP). SBP helps guarantee that the beneficiary will continue to get a certain amount of pension payments.

The service member can only designate a single adult beneficiary for SBP. That’s why it’s critical to address SBP at the time of the divorce and to ask the judge to order “former spouse coverage” for SBP to ensure you can access this benefit.

Another benefit for military members is payment from the VA for a disability arising from military service. While federal law prohibits courts from dividing VA disability benefits in a divorce, courts still include these payments when calculating the overall value of the service member’s assets. This means that if the court orders them to pay alimony or child support, some of this money might end up coming from their disability benefits.

Do You Need a Military Family Law Attorney in Huntsville?

Military benefits are confusing even while you’re still married and even more so after a divorce. However, you don’t have to sort through this confusing and overwhelming situation on your own.

If you are considering filing for divorce, contact New Beginnings Family Law right away. Our skilled Huntsville military family lawyers can give you the tools to make the best choices for your family and fight to get you the full benefits you deserve.

Contact New Beginnings Family Law today or reach us online for a consultation.

TRICARE And Military Divorce FAQs

Our Alabama military divorce lawyer knows that divorce is never easy, and when one or both spouses are connected to the military, there are additional layers of complexity to consider. One of the biggest concerns people face involves TRICARE and healthcare benefits. Understanding what happens to medical coverage during and after divorce is important for protecting your health and financial stability. We are caring, concerned, and committed to our clients, so see how we can help you.

How Long Does TRICARE Coverage Last During Divorce Proceedings?

Many spouses worry about what happens to their medical coverage while the divorce is still pending. Generally, you remain eligible for TRICARE until the divorce is finalized, since you are still legally married. Once the court issues the divorce decree, eligibility for coverage typically ends unless you qualify under certain exceptions. Asking this question early helps you prepare for any transition in healthcare.

Can I Keep TRICARE If I Remarry After Divorce?

As our Alabama military divorce lawyer knows, even if you qualify for continued coverage as a former spouse under the 20/20/20 rule, that benefit ends if you remarry. TRICARE eligibility does not transfer to new marriages, though you may regain eligibility if that later marriage ends. It’s important to ask about how remarriage affects your healthcare so you can make informed decisions about both your coverage and long-term planning.

Do I Need To Notify TRICARE About My Divorce?

Yes, it is your responsibility to report changes in marital status to the Defense Enrollment Eligibility Reporting System (DEERS). If you do not update DEERS, you may face issues with coverage, billing, or even legal problems related to improper use of benefits. This is an important question to ask because ensuring DEERS is updated protects you from complications after the divorce is finalized.

What Alternatives Exist If I Lose TRICARE Eligibility?

If a former spouse does not qualify to continue with TRICARE, one option is the Continued Health Care Benefit Program (CHCBP), which offers temporary coverage similar to COBRA. This program can provide a bridge until new insurance is secured. Asking about CHCBP or employer-based coverage can help avoid gaps in medical care during the transition period.

How Do Healthcare Benefits Affect The Divorce Agreement?

Healthcare benefits should always be part of divorce discussions, especially when TRICARE coverage is involved. It is important to understand whether you qualify for continued coverage, how children’s medical care will be handled, and who is responsible for insurance costs moving forward. Asking these questions before finalizing a divorce helps prevent confusion and ensures that healthcare needs are addressed clearly.

At New Beginnings Family Law, we know how important it is to ask the right questions about TRICARE and healthcare benefits when you are about to file for divorce from a military spouse. Our team is experienced in helping military families navigate these challenges and protecting what matters most. We were voted one of the best places to work in Huntsville because of how we treat our clients, so reach out to us when you are ready. If you are preparing for divorce, we encourage you to reach out to our Alabama military divorce lawyer so we can guide you through the process and safeguard both your rights and your future.