Divorce processes are always daunting, and as if that is not enough, there might be additional problems that members of the military face once there is a divorce in progress, especially if their spouse is a civilian. If you are active in military service or married to one, you must understand the distinct issues involved in divorce to protect yourself during and after the divorce process.
Understandably, separating from your partner might take a toll on you, and your TRICARE might be the last thing on your mind, but it is still vital to consider it. “You need to note that TRICARE does not pay for supplies or services to anybody who is not eligible for TRICARE,” says divorce attorney Samah T. Abukhodeir of The Florida Probate & Family Law Firm. Furthermore, you need to know how your TRICARE benefits affect your ex-spouse, children, and you.
TRICARE can recoup payments if your unadopted stepchild or ex-spouse continues to enjoy your TRICARE benefits even after they lose eligibility after your divorce. That adds extra layers of challenges to the already frustrating situation.
Eligibility for TRICARE Benefits After Your Divorce
To remain eligible for TRICARE benefits after your divorce, you must meet certain conditions in Florida. Your partner’s (sponsor’s) military service component approves or declines your continued eligibility. If you and your partner live apart or are separated but not divorced, you can still enjoy TRICARE benefits. However, after a divorce, you might still be eligible if you meet one of the two criteria below:
- The 20/20/20 rule
Under this rule, you can keep your TRICARE benefits as long as you are eligible for the following:
- The period of service and the marriage overlapped for a minimum of 20 years
- If you were married to a service member for a minimum of 20 years
- If the service member who had to be your ex-partner served for at least 20 years
- The 20/20/15 rule
Under this rule, you might continue enjoying your TRICARE benefits for a year if you meet the following conditions:
- You and your ex-partner were married for a minimum of 20 years
- If the service member, that is, your partner, served for at least 20 years
- If the period of service and the marriage overlapped for a minimum of 15 years
If you do not meet the conditions above, you will continue enjoying your TRICARE benefits until your divorce is final. If your sponsor does not adopt their stepchildren, they might also lose eligibility.
Failure to Meet the Conditions
If you fail to meet any of the above requirements, you might be eligible for health insurance under the CHCBP (Continued Health Care Benefit Program) for a maximum of three years. The CHCBP is quite similar to the COBRA system used in the private sector. That means obtaining new health coverage under Florida’s health insurance system might be more cost-effective. It is imperative not to include this decision too late in your divorce process or after because it might affect your budget after your divorce is final. Also, it could affect your aims for spousal support, property division, or other agreements.
Military Family Housing After Divorce
The family members can only live in the military home while still married. However, they are expected to vacate the house within 30 days of divorce.
What About the Children Involved?
The adopted and the biological children of the sponsor remain eligible for TRICARE benefits after a divorce. However, the sponsor’s kids might lose their eligible status when they are 21 or 23 years old, serve in the military, or marry. Furthermore, if the child involved is up to 26 years of age, they can apply for TRICARE Young Adult.
Conclusion
One last thing: if you and your partner meet the criteria under the 20/20/20 rule, you can both enjoy health care benefits and access to shopping indefinitely, provided you do not remarry. If you remarry, you might lose access to your TRICARE coverage. Also, if your new marriage ends or your new spouse dies, you might be eligible for military shopping privileges again.
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