TRICARE is a health benefit program for the U.S. uniformed services including the Army, Navy, Marine Corps, Air Force, Coast Guard, Public Health Service, and the National Oceanic and Atmospheric Administration. Former spouses of active, retired or former military members may be eligible for TRICARE after divorce if they meet the following requirements:
- Have not remarried.
- Cannot be covered under an employer-sponsored health plan.
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Cannot be the former spouse of a North Atlantic Treaty Organization or Partners for Peace nation member.
Additional Requirements
In addition, in order to qualify after divorce, the former spouse must meet the requirements of either #1, #2 or #3 below:
Requirement #1
- Have to been married to the same member or former member of the uniformed services for at least 20 years, and at least 20 of those years must be considered creditable for determining the member's eligibility for retirement pay.
- Final decree or annulment was on or after February 1, 1983, then former spouse is eligible or TRICARE health care coverage that is received after the date of the divorce or annulment.
- Final decree or annulment was before February 1, 1983, then former spouse is eligible for TRICARE coverage of health care received on or after January 1, 1985.
OR
Requirement #2
- Have to been married to the same member or former member of the uniformed services for at least 20 years, and at least 15, but less than 20, of those years must be considered creditable for determining the member's eligibility for retirement pay.
- Final decree of divorce or annulment is before April 1, 1985, then former spouse is eligible only for care received on or after January 1, 1985, or the date of the decree, whichever occurs later.
However, if the final divorce decree or annulment is on or after April 1, 1985, but before September 29, 1988, the former spouse is eligible for care received from the date of the decree until December 31, 1988, or two years from the date of the decree, whichever occurs later.
OR
Requirement #3
- Have to been married to the same member or former member of the unformed services for at least 20 years, and at least 15, but less than 20, of those years must be considered creditable in determining the member's eligibility for retirement pay
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Final decree of divorce or annulment is on or after September 29, 1988, then former spouse is eligible only for care received for one year from the date of the decree.
Eligibility for Children
After divorce, your unmarried children up to age 21, including stepchildren who have been adopted by the uniformed services eligible member, are still covered by TRICARE even if the ex-spouse gets divorced or remarried. Stepchildren who have not been adopted by the eligible uniformed services member are no longer covered as of the date of the divorce decree. While the parents are still married, stepchildren don’t need to be adopted. Children over 21 years of age may be covered if any child is considered severely disabled and the condition was in existence prior to the child’s 21stbirthday, or if the condition occurred between the ages of 21-23 while the child was enrolled as a full-time student or the child was dependent on the sponsor for more than half of the child’s income. Children may be covered under TRICARE up to age 23 if they are full time students.
Talk to an Attorney
If you need assistance with determining TRICARE eligibility and benefits before, during or after divorce, you should contact an attorney that specializes in military divorces. A military divorce attorney is knowledgeable about TRICARE and other military divorce issues.
