Family Law

How Long Does a Spouse Get TRICARE After Divorce?

Discover how long a spouse can receive TRICARE benefits after divorce and learn about the eligibility requirements.

Understanding TRICARE Benefits for Spouses

TRICARE is a health care program for uniformed service members, retirees, and their families. Spouses of military personnel are eligible for TRICARE benefits, but the duration of these benefits after divorce depends on several factors, including the length of the marriage and the military member's status.

In general, a spouse may be eligible for TRICARE benefits for a limited time after divorce, typically up to 12 months. However, this can vary depending on the specific circumstances of the divorce and the military member's eligibility for TRICARE benefits.

Eligibility Requirements for Former Spouses

To be eligible for TRICARE benefits as a former spouse, an individual must meet certain requirements, including being married to the military member for at least 20 years, with at least 20 years of creditable service, and not having remarried. The former spouse must also not be eligible for health insurance through their employer or another government program.

Former spouses who meet these requirements may be eligible for TRICARE benefits, including medical, dental, and pharmacy benefits, as well as access to military treatment facilities and network providers.

Types of TRICARE Benefits for Former Spouses

Former spouses may be eligible for various types of TRICARE benefits, including TRICARE Prime, TRICARE Standard, and TRICARE Extra. TRICARE Prime is a managed care option that requires enrollment and offers a network of providers, while TRICARE Standard is a fee-for-service option that allows beneficiaries to see any TRICARE-authorized provider.

Former spouses may also be eligible for TRICARE for Life, which is a Medicare wraparound program that provides supplemental coverage to Medicare-eligible beneficiaries.

Applying for TRICARE Benefits as a Former Spouse

To apply for TRICARE benefits as a former spouse, individuals must submit an application to the Defense Enrollment Eligibility Reporting System (DEERS) and provide required documentation, including a copy of the divorce decree and proof of marriage. The application process can be complex, and it is recommended that former spouses seek guidance from a military benefits counselor or a qualified attorney.

Former spouses who are eligible for TRICARE benefits must also enroll in a TRICARE plan and pay any applicable premiums or copays to receive coverage.

Maintaining TRICARE Benefits as a Former Spouse

Former spouses who are eligible for TRICARE benefits must maintain their eligibility by meeting certain requirements, including not remarrying and not becoming eligible for health insurance through another employer or government program. Former spouses must also keep their DEERS information up to date and notify TRICARE of any changes in their eligibility status.

Former spouses who fail to maintain their eligibility may lose their TRICARE benefits, so it is essential to understand the requirements and take steps to maintain eligibility.

Frequently Asked Questions

How long do I get to keep TRICARE after my divorce?

The length of time you can keep TRICARE after divorce depends on the length of your marriage and the military member's status, but typically up to 12 months.

Can I still get TRICARE if I remarry?

No, if you remarry, you are no longer eligible for TRICARE benefits as a former spouse, unless your new spouse is also a military member.

What type of TRICARE benefits can I get as a former spouse?

As a former spouse, you may be eligible for TRICARE Prime, TRICARE Standard, TRICARE Extra, or TRICARE for Life, depending on your eligibility and the military member's status.

Do I have to pay for TRICARE benefits as a former spouse?

Yes, as a former spouse, you may have to pay premiums or copays for TRICARE benefits, depending on the type of plan you enroll in and your eligibility status.

Can I get TRICARE benefits if my ex-spouse is retired?

Yes, if your ex-spouse is retired, you may still be eligible for TRICARE benefits as a former spouse, depending on the length of your marriage and the ex-spouse's retirement status.

How do I apply for TRICARE benefits as a former spouse?

To apply for TRICARE benefits as a former spouse, you must submit an application to DEERS and provide required documentation, including a copy of the divorce decree and proof of marriage.