Can I receive TRICARE military benefits after a military divorce?
There are many military members and former military members in Springfield who have decided to divorce. Divorce issues that worry many the non-military spouses of these military members center around health care military benefits through TRICARE. There are eligibility requirements that must be met. The level of benefits and their duration will depend on the length of the marriage and its status in overlapping with the service member’s time in the military. There are two situations to know about: the 20-20-20 rule and the 20-20-15 rule.
With 20-20-20, the non-military former spouse can have TRICARE under their own Social Security number if the following requirements are met: the military member had a minimum of 20 years of service for retirement pay; the couple was married to one another for a minimum of 20 years; and the 20 years of service — whether it was as an active member or a reservist — overlaps with the marriage. When these requirements have been met, the non-military spouse will receive a new identification card with his or her own name and Social Security number.
With 20-20-15, the following criteria must be met: the sponsor had a minimum of 20 years of service for retirement pay; the couple was married for a minimum of 20 years; and 15 of the years overlapped with the 20 years of creditable service counting toward the former service member’s retirement. The date of the divorce determines one’s the eligibility under 20-20-15.
The non-military member’s health care military benefits will end in a number of circumstances: if they remarry; if they get coverage through an employer-sponsored plan; or if the person is a former spouse of a North Atlantic Treaty Organization member or Partners for Peace nation member. Former military spouses have concerns about whether they can keep receiving TRICARE may want to discuss the matter with a military family law attorney.
Source: Tricare.mil, “Former Spouses,” accessed on Jan. 31, 2017