TRICARE After Divorce

Robert Taylor Idaho Lawyer
Taylor Law & Mediation
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Can I keep TRICARE after I get divorced?

In most situations, you will not be able to keep TRICARE health insurance coverage after you get divorced. The exception is if you’ve been married for 20 years, your spouse served in the military for 20 years, and you were married for either 15 or 20 years during your spouse’s period of service. 

When will I lose TRICARE insurance after my divorce?

TRICARE coverage ends at midnight on the day the court grants your divorce. After the divorce is granted, the military member should bring a certified copy of the divorce decree to their local ID card office to update their profile on DEERs within 90 days.

How do I remain eligible for TRICARE after divorce?

You will remain eligible for TRICARE after your divorce is you’ve been married for 20 years; your spouse has completed 20 years of military service; and you were married for either 15 or 20 years.

What is the 20-20-20 TRICARE rule?

The 20-20-20 rule states you are eligible for TRICARE after divorce is the following conditions are met:

  1. Your spouse has at least 20 years of creditable military service towards retirement.
  2. You were married to the military member for at least 20 years.
  3. The 20 years of marriage overlap the 20 years of creditable service for retirement purposes. 

If you meet this rule, you are eligible to be your own sponsor under your own social security number and can keep TRICARE coverage after divorce. 

What is the 20-20-15 TRICARE rule?

The 20-20-15 rule states that you are eligible for TRICARE after divorce for a period of one year if:

  1. Your spouse has at least 20 years of creditable military service towards retirement pay.
  2. You were married to the same spouse for 20 years or more.
  3. The 20 years of marriage and 20 years of service overlapped by at least 15 years, but less than 20.

Can I still keep military health insurance after a divorce if I don’t meet the 20-20-20 or 20-20-15 rule?

Yes. For a period of 36 months. If you are not otherwise eligible to maintain TRICARE coverage after your divorce, you can participate in the Continued Health Care Benefit Program to maintain coverage for 18-36 months. The plan acts as a bridge between your military health insurance benefits and a new civilian plan. It is also premium-based. 

If I qualify for TRICARE health insurance after divorce, will I keep the insurance for the rest of my life?

If you qualify for TRICARE under the 20-20-15 rule, you will only keep TRICARE coverage for a year after your divorce. If you qualify for continued TRICARE coverage under the 20-20-20 rule, you will continue to receive TRICARE health insurance until you remarry or purchase an employer-sponsored health plan. 

What documents will I need to provide TRICARE to maintain health insurance coverage after divorce?

You will need to bring your marriage certificate, divorce decree, and proof of your former spouse’s military service (such as a DD-214) to your local ID card office.

Will my kids still be covered by TRICARE after divorce?

Your kids will be covered by TRICARE after divorce if your spouse is their natural parent or adopted the children. Stepchildren are no longer eligible for TRICARE health insurance once the divorce is finalized. 

How will my kids keep TRICARE after a divorce if I don’t have base access?

After your divorce from a military member, your ID card will no longer be valid and you will no longer have access to military insulations. However, if you have children with a military member, you can receive an access card for the purpose of accessing military insulations for your children to receive health care if they are still eligible to receive TRICARE after your divorce. 

Robert Taylor Idaho Lawyer
Taylor Law & Mediation

Attorney Robert J. Taylor is an experienced Idaho divorce attorney with offices in Boise, Coeur d’Alene (SP), Mountain Home, Twin Falls, and Pocatello. His firm provides uncontested divorce services and wills and estate planning to clients who live anywhere in Idaho.

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