Orlando Harmon
Military divorce can be a tricky business, especially when it comes to figuring out what happens to the non-serving spouse's military medical insurance. In most cases, the non-military spouse loses their Tricare coverage as soon as the divorce is finalised. However, there are a few exceptions to this rule. For example, if the spouse was married to the service member for at least 20 years and the service member had at least 20 years of active duty service, the former spouse may be eligible to keep their military health benefits under the 20/20/20 rule. This rule also allows the former spouse to retain their military ID card and access privileges for base services. Additionally, if the former spouse is not yet covered by an employer-sponsored health plan, they may be able to continue their Tricare coverage for a certain period after the divorce, by paying a premium.
| Characteristics | Values |
|---|---|
| Continuation of military medical insurance | Tricare provides divorced spouses who are not remarried with transitional health insurance called the Continued Health Care Benefit Program (CHCBP). |
| CHCBP is not a lifetime entitlement and is not a replacement for 20/20/20 benefits. | |
| Under the 20/20/20 rule, the ex-spouse keeps all Tricare health care benefits if they were married to the service member for at least 20 years, the service member served in the armed forces for at least 20 years, and at least 20 of these years overlapped. | |
| Under the 20/20/15 rule, if the marriage lasted 20 years, the service member served for 20 years, and the overlapping period (both service and marriage) exceeds 15 years but does not reach 20 years, then the unremarried former spouse is eligible for one year of transitional medical care coverage. | |
| The 20/20/20 rule also gives former spouses commissary and shopping privileges. | |
| The 20-year requirement for marriage and service need not be consecutive. | |
| The CHCBP can be elected within 60 days of losing Tricare coverage. | |
| The plan must be purchased quarterly and a former spouse may retain the plan for 36 months after the loss of eligibility for military medical care. | |
| Medical benefits are suspended for any period of time when the former spouse is covered by an employer-sponsored health care plan. | |
| Remarriage by a former spouse terminates medical benefits and suspends, during the marriage, all other installation privileges. | |
| Unmarried children and stepchildren of military service members retain full military benefits while under the age of 22. |
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What You'll Learn
Eligibility for TRICARE after divorce
If you're getting divorced, you may be concerned about whether you'll still be eligible for TRICARE. The answer depends on your sponsor status, the length of your marriage, and other factors. Active-duty service members and their immediate family members receive health care coverage under TRICARE. If your former spouse served in the armed forces, you might be able to keep your military health care policy—at least in part—after a divorce if you satisfy the eligibility requirements.
The 20/20/20 Rule
Under the 20/20/20 rule, the ex-spouse keeps all TRICARE health care benefits if they meet the following strict set of requirements: they were married to the service member for at least 20 years, the service member served in the armed forces for at least 20 years, and the marriage and the period of service overlapped for at least 20 years. A qualifying ex-spouse receives comprehensive TRICARE benefits through age 65, which is when most people first become eligible for Medicare benefits.
The 20/20/15 Rule
If you don't meet the eligibility criteria of the 20/20/20 rule, you might still qualify to receive TRICARE health benefits for one year after the divorce if you were married to the service member for at least 20 years, the service member served in the armed forces for at least 20 years, and the marriage and the period of service overlapped for at least 15 years. Former spouses who meet the 20/20/15 guidelines do not receive PX access or base and commissary privileges.
Other Options
If you don't qualify for coverage under either the 20/20/20 rule or the 20/20/15 rule, you still have a few options:
- Obtaining temporary transitional coverage: You can apply for temporary transitional coverage through the Continued Health Care Benefit Program (CHCBP). CHCBP acts as a bridge between military and civilian health care insurance to avoid any gaps in coverage. Health care insurance through CHCBP isn't free, but it provides former spouses with TRICARE benefits for up to 36 months after TRICARE eligibility ends.
- Purchasing coverage on your own: You can search the Health Insurance Marketplace for a health plan or work with a private health insurance broker to find the best plan for your situation.
- Receiving coverage through an employer, school, or university: You can check with your employer to see if you can opt into any employer-provided insurance plan or obtain insurance coverage through a school or university if you're continuing your education.
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The 20/20/20 rule
Military divorce can be more complicated than a civilian divorce, as the non-military spouse may be unsure about which benefits they are entitled to. The 20/20/20 rule is a "rule" that clarifies this.
- The couple must have been married for at least 20 years
- The military spouse must have served in the military for at least 20 years
- The marriage must overlap with 20 years of the military spouse's service
If a marriage falls short of the 20/20/20 rule but lasted for at least 10 years and coincided with 10 or more years of military service, the civilian spouse is still eligible to receive direct payments from the Defense Finance and Accounting Service (DFAS).
If a spouse is close to receiving their 20/20/20 benefits, they can be legally separated until they meet the threshold requirement, providing the ability to retain lifetime health insurance benefits and then converting the judgment of legal separation into a divorce.
If a marriage does not meet the 20/20/20 rule, the civilian spouse may still qualify to receive TRICARE health benefits for one year after the divorce if they were married to the service member for at least 20 years. They can also buy up to 36 months of temporary health care coverage through the Department of Defense Continued Health Care Benefit Program.
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Remarriage and medical benefits
Remarriage by a former military spouse generally terminates their medical benefits and suspends other privileges, such as access to the commissary and military exchange. However, if the second marriage ends in divorce or death, the suspended benefits can be reinstated. It is important to note that medical benefits are suspended during any period when the former spouse has coverage from an employer-sponsored health plan.
The Uniformed Services Former Spouse Protection Act is a federal law that grants certain benefits to former spouses of military members, including medical coverage. To be eligible for these benefits, the former spouse must meet the requirements of the 20/20/20 rule: they must have been married to the military member for at least 20 years, the military member must have performed at least 20 years of creditable service, and the former spouse must have been married to the member during at least 20 years of their retirement-creditable service.
If a former spouse satisfies the 20/20/20 rule, they are eligible to retain full TRICARE health care benefits, access to the military Post Exchange (PX), and keep base and commissary privileges. This coverage extends until the age of 65, when individuals typically become eligible for Medicare. It is worth noting that the years of marriage do not need to be consecutive to meet the 20-year requirement, and legal separations during the marriage do not affect eligibility as long as the total years of marriage add up to 20.
In some cases, a former spouse who does not meet the 20/20/20 rule may still qualify for TRICARE health benefits for one year after the divorce if they were married to the service member for at least 20 years. Additionally, under the Continued Health Care Benefit Program (CHCBP), divorced spouses who are not remarried can purchase transitional health insurance coverage similar to TRICARE. This coverage is not a lifetime entitlement and must be elected within 60 days of losing TRICARE by submitting the DD Form 2837 for the continued health care benefit application.
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Transitional health insurance
In the event of a divorce, a former spouse of a military member may continue to receive certain benefits, including health insurance coverage. This is known as transitional health insurance.
20/20/20 Rule
Under the 20/20/20 rule, an unremarried former military spouse may be eligible for continued health insurance coverage if the marriage lasted for at least 20 years, the service member served at least 20 years, and there were at least 20 years of active duty during the marriage. In this case, the former spouse can retain all TRICARE health care benefits and maintain access to military privileges such as the military Post Exchange (PX) and base privileges.
20/20/15 Rule
The 20/20/15 rule applies when the marriage lasted 20 years, the service member served for 20 years, and there was an overlap of at least 15 years but less than 20 years between the marriage and military service. In this case, the unremarried former spouse, without employer-sponsored healthcare, is eligible for one year of transitional medical care coverage. This coverage is provided under the Department of Defense Continued Health Care Benefit Program (CHCBP), which must be purchased quarterly and can be retained for up to 36 months after losing eligibility for military medical care.
CHCBP
The Continued Health Care Benefit Program (CHCBP) provides divorced spouses who are not remarried with transitional health insurance coverage. It is not a lifetime entitlement and is intended to bridge the gap in coverage. The costs can be significant, but it offers excellent coverage similar to TRICARE. To enrol in CHCBP, the DD Form 2837 for the continued healthcare benefit application must be submitted within 60 days of losing TRICARE coverage.
Legal Separation
Spouses who do not plan to remarry immediately may consider legal separation as an option. A spouse close to receiving their 20/20/20 benefits can remain legally separated until meeting the requirement, thus retaining lifetime health insurance benefits before converting the legal separation into a divorce judgment.
Alternative Options
If you are ineligible for transitional health insurance, you can explore other options such as the Health Insurance Marketplace, private health insurance brokers, Medicaid, employer-provided insurance, or insurance coverage through a school or university if you are continuing your education.
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Other military benefits
If you were covered under your former spouse's TRICARE plan, you may still be eligible for health insurance coverage, depending on several factors.
The 20/20/20 Rule
Under the 20/20/20 rule, an unremarried former military spouse may have continued eligibility for Tricare if the marriage lasted at least 20 years, the service member served at least 20 years, and there were at least 20 years of overlap. In this case, the former spouse keeps all TRICARE health care benefits and retains access to the military Post Exchange (PX) and base and commissary privileges.
The 20/20/15 Rule
Under the 20/20/15 rule, the marriage lasted 20 years, the service member served for 20 years, and the period of overlap exceeds 15 years but does not reach 20 years. Here, unremarried former spouses who do not have employer-sponsored healthcare coverage are eligible for one year of transitional medical care coverage.
Continued Health Care Benefit Program (CHCBP)
Similar to COBRA in private health insurance, TRICARE's CHCBP provides up to 36 months of coverage to help former spouses of military members transition to civilian life after a divorce. This plan must be purchased quarterly, and the former spouse may retain it for 36 months after losing eligibility for military medical care. CHCBP enrolment must occur within 60 days of losing TRICARE eligibility.
- Military ID card and access privileges: Former spouses who meet the 20/20/20 rule can typically keep their military ID cards and access privileges for base services like the commissary and exchange, unless they remarry.
- Thrift Savings Plan (TSP): Military members can contribute to a TSP during their service, similar to a 401(k) or IRA. The current balance of the TSP account can be an essential asset for spouses during a divorce.
- Military pension: If married for at least 10 years, with at least 10 years overlapping with the spouse's active-duty service (the 10/10 rule), the former spouse may claim a share of the military pension, paid directly by the Defense Finance and Accounting Service (DFAS).
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Frequently asked questions
It depends. If the spouse meets the 20/20/20 rule (married for at least 20 years, the service member served in the military for at least 20 years, and at least 20 years of overlap), they can keep their Tricare health benefits. If the marriage and service overlap period is less than 20 years but more than 15 years, the spouse is eligible for full Tricare coverage for one year after the divorce under the 20/20/15 rule.
The CHCBP is a program that provides transitional health insurance to divorced spouses who are not remarried. It is not a lifetime entitlement but a bridge between military and civilian health coverage. The plan must be purchased quarterly, and the former spouse may retain the plan for 36 months after losing eligibility for military medical care.
Eligibility depends on the sponsor status, length of marriage, and other factors. If the spouse has employer-sponsored health insurance, they are not eligible for Tricare coverage.
