For military spouses, the benefits package that comes with their partner’s service often forms a crucial part of the family’s support structure. TRICARE health insurance, access to the commissary and base exchange (BX/PX), and use of Morale, Welfare, and Recreation (MWR) facilities are not just perks; they are integral components of daily life and financial planning. When a military marriage ends in divorce, the question of continued eligibility for these benefits becomes a source of significant anxiety and confusion.
The hard truth is that divorce, as the legal termination of the marital relationship, fundamentally alters a former spouse’s connection to the military and, consequently, their entitlement to many military benefits. Eligibility is generally tied to being a dependent, a status lost upon divorce. However, federal law recognizes the unique sacrifices made by long term military spouses and provides specific, narrow exceptions that allow some former spouses to retain certain key benefits, most notably TRICARE.
Understanding these complex rules – particularly the stringent requirements of the “20/20/20” and “20/20/15” rules – is absolutely critical before your Florida divorce is finalized. Misinformation abounds, and assumptions about continued coverage can lead to devastating gaps in healthcare or unexpected loss of base privileges. This is not an area where you can rely on informal advice or hope for the best. Navigating the transition requires a clear understanding of federal regulations and careful planning, ideally with guidance from an experienced Tampa military divorce lawyer who specializes in these intricate matters.
TRICARE Eligibility After Divorce: The General Rule and Its Exceptions
TRICARE is the Department of Defense health care program for active duty service members, retirees, and their eligible family members. For most military spouses, losing TRICARE coverage post divorce is a major financial and practical concern.
The General Rule: Upon the finalization of a divorce, a former spouse loses eligibility for TRICARE as a dependent. Their coverage typically ends on the date the divorce decree is signed by the judge.
This general rule applies to the vast majority of divorced military spouses. However, Congress created specific exceptions for individuals who meet stringent criteria based on the length of the marriage, the length of the military service, and the overlap between the two. These are commonly known as the 20/20/20 and 20/20/15 rules.
The Gold Standard: The 20/20/20 Rule
This rule offers the most comprehensive continuation of benefits for a former spouse. To qualify under the 20/20/20 rule, a former spouse must meet ALL THREE of the following criteria precisely:
- 20 Years of Marriage: The marriage must have lasted for at least 20 years.
- 20 Years of Creditable Military Service: The service member spouse must have performed at least 20 years of military service that is creditable towards retirement pay.
- 20 Years of Overlap: At least 20 years of the marriage must have overlapped with the 20 years of creditable military service.
Breaking Down the Criteria:
- Marriage Duration: This is typically measured from the date of marriage to the date the final divorce decree is entered. Pinpointing these dates accurately in your divorce paperwork is crucial.
- Creditable Military Service: This generally refers to service that counts towards eligibility for retired pay (e.g., active duty time, qualifying reserve points). It does not necessarily mean 20 years of active duty if the member served in the Guard or Reserves, but 20 years qualifying for retirement. Verifying the service member’s creditable service history is essential. Your Tampa military divorce lawyer can assist in obtaining necessary documentation through discovery.
- The Overlap: This is the most critical and often misunderstood requirement. It is not enough to have a 20 year marriage and a 20 year career; those two periods must have coincided for at least 20 full years. For example, if a couple was married for 25 years, but the service member retired after 22 years and only 18 of those service years occurred during the marriage, the former spouse would not meet the 20 year overlap requirement.
Benefits for a 20/20/20 Former Spouse:
If a former spouse meets all three 20/20/20 criteria, they are designated as an “unremarried former spouse” and are eligible to retain significant TRICARE benefits, essentially as if the divorce never occurred, provided they meet two additional conditions:
- They Must Not Remarry: Remarriage terminates 20/20/20 TRICARE eligibility permanently, even if the subsequent marriage ends.
- They Must Not Enroll in an Employer Sponsored Health Plan (ESHP): Enrollment in an ESHP (like coverage through their own job) makes them ineligible for TRICARE under the 20/20/20 rule. They can potentially regain TRICARE if they later lose the ESHP coverage, but navigating these transitions requires careful attention to TRICARE rules.
A qualifying, unremarried, non ESHP covered 20/20/20 former spouse generally receives the same TRICARE benefits (e.g., TRICARE Prime, Select) and pays the same costs as a retiree dependent. They are also eligible for TRICARE For Life (TFL) if they become eligible for Medicare Part A and enroll in Medicare Part B. This lifelong healthcare coverage is an incredibly valuable benefit.
The Transitional Bridge: The 20/20/15 Rule
What if the marriage and service were long, but the overlap falls just short of the 20 year mark? The 20/20/15 rule provides a limited, transitional benefit. To qualify, a former spouse must meet ALL THREE of these criteria:
- 20 Years of Marriage: The marriage lasted at least 20 years.
- 20 Years of Creditable Military Service: The service member performed at least 20 years of creditable service.
- 15-19 Years of Overlap: The marriage and the creditable service overlapped for at least 15 years, but less than 20 years.
Benefit for a 20/20/15 Former Spouse:
A former spouse meeting these criteria is eligible for one year of transitional TRICARE coverage, beginning on the date the divorce is final. This benefit applies only if they do not have employer sponsored health insurance.
After the One Year: Once this transitional year expires, the former spouse permanently loses TRICARE eligibility. Their options at that point typically include:
- Purchasing coverage through the Department of Defense Continued Health Care Benefit Program (CHCBP) for up to 36 months (details below).
- Enrolling in an employer sponsored plan.
- Purchasing a plan through the Affordable Care Act (ACA) marketplace.
- Other private insurance options.
The 20/20/15 rule provides a crucial bridge, giving the former spouse time to secure alternative health coverage, but it is not a long term solution. Planning for the end of this transitional year is essential. A Tampa military divorce lawyershould advise clients falling into this category to begin exploring replacement coverage options immediately.
Less Than 15 Years Overlap: The Vast Majority
If the marriage lasted less than 20 years, OR the service member served less than 20 creditable years, OR the overlap between the marriage and service was less than 15 years, the former spouse has no eligibility for continued TRICARE coverage under the USFSPA exceptions. Their TRICARE eligibility ends definitively on the date of the divorce.
Options for Non Eligible Former Spouses:
- Continued Health Care Benefit Program (CHCBP): This is a premium based temporary health care program administered by a civilian contractor (currently Humana Military). It provides TRICARE like coverage (generally similar to TRICARE Select) for a limited period, typically up to 36 months for former spouses.
- Eligibility: Must enroll within 60 days of losing TRICARE eligibility (i.e., within 60 days of the divorce). Missing this window means losing eligibility permanently.
- Cost: CHCBP premiums are significantly higher than active duty or retiree TRICARE premiums, as the enrollee pays the full cost plus an administrative fee. It is often comparable to or sometimes even more expensive than ACA marketplace plans.
- Value: It provides continuity of care and access to the TRICARE network for a transitional period. It can be a vital bridge, especially for those with pre existing conditions, while securing other long term coverage. Your Tampa military divorce lawyer should ensure you are aware of the CHCBP enrollment deadline.
- Employer Sponsored Health Insurance (ESHP): If the former spouse is employed or becomes employed, enrolling in their employer’s plan is often the most common and cost effective option. Divorce is a “qualifying life event” allowing enrollment outside the usual open season period.
- Affordable Care Act (ACA) Marketplace: The federal health insurance marketplace offers various plans, potentially with subsidies based on income. Losing TRICARE due to divorce is a qualifying event to enroll outside open season.
- Other Private Insurance: Purchasing individual health insurance directly from an insurance company.
For the majority of divorcing military spouses, securing affordable, comprehensive health insurance post divorce is a major financial challenge that requires careful planning during the divorce process itself. Alimony negotiations may need to factor in the future cost of health insurance premiums.
Children’s TRICARE Eligibility
Crucially, the TRICARE eligibility rules discussed above apply only to the former spouse. Biological and adopted children of the service member generally remain eligible for TRICARE as dependents after the divorce, regardless of how long the parents were married or served, provided they meet standard dependency requirements (e.g., unmarried, under age 21 or 23 if enrolled in college) and the service member parent continues to provide support.
Key Considerations for Children’s TRICARE:
- DEERS Enrollment: The service member parent is typically responsible for keeping the children enrolled in the Defense Enrollment Eligibility Reporting System (DEERS). The Parenting Plan should explicitly state this responsibility.
- Cost Sharing: The Florida Child Support Guidelines include consideration of health insurance costs. The divorce decree or Parenting Plan should clearly state which parent is responsible for paying any TRICARE premiums (e.g., TRICARE Young Adult for older dependents), deductibles, and co pays for the children. This is often allocated proportionally based on income or negotiated. A Tampa military divorce lawyer ensures these details are addressed.
- Access to Care: If the non military parent has primary custody and lives far from a military treatment facility (MTF), using TRICARE Select (which allows access to civilian providers) might be more practical than TRICARE Prime. This should be discussed when crafting the Parenting Plan.
While the former spouse’s coverage is complex, children’s coverage usually continues relatively unchanged, provided administrative steps are handled correctly.
Beyond Healthcare: Commissary, Exchange, and MWR Privileges
Access to on base shopping (Commissary for groceries, Exchange/BX/PX for retail) and recreational facilities (MWR gyms, pools, clubs) is another valued benefit often tied to the military ID card. Like TRICARE, eligibility for these privileges typically ends for the former spouse upon divorce, with similar exceptions.
The General Rule: A former spouse loses commissary, exchange, and MWR privileges when their dependent ID card is invalidated by the divorce.
The Exceptions:
- 20/20/20 Unremarried Former Spouses: Those who meet the stringent 20/20/20 criteria generally retain full, indefinite commissary, exchange, and MWR privileges, identical to those they had during the marriage, provided they do not remarry. They will be issued a new ID card reflecting their former spouse status.
- 20/20/15 Unremarried Former Spouses: Those meeting the 20/20/15 criteria generally have no eligibility for commissary, exchange, or MWR privileges after the divorce. Their eligibility ends when their dependent ID card is turned in.
- Less than 15 Years Overlap: Former spouses who do not meet either the 20/20/20 or 20/20/15 rules do not retain these privileges.
It is important to note that while eligibility often aligns with TRICARE rules, these base privileges are governed by separate DoD regulations. The Uniformed Services Former Spouses’ Protection Act (USFSPA) itself does not grant these privileges; it primarily addresses retired pay division and facilitates benefit continuation for qualifying former spouses.
Losing access to the commissary and exchange can represent a significant financial adjustment for a former spouse accustomed to the cost savings these facilities provide. This potential loss should be factored into financial planning and support negotiations during the divorce. Discussing this with your Tampa military divorce lawyer is important.
Administrative Hurdles: DEERS, ID Cards, and Your Divorce Decree
Knowing the eligibility rules is only half the battle. Executing the administrative steps after the divorce is finalized is crucial to ensure benefits continue correctly (if eligible) or cease properly (if not).
- Updating DEERS: The Defense Enrollment Eligibility Reporting System (DEERS) is the master database controlling eligibility for virtually all military benefits, including TRICARE and ID cards.
- Mandatory Update: Within days or weeks of the final divorce decree being signed, the service member (or sometimes the former spouse with proper documentation) must update DEERS to reflect the divorce. This typically requires providing a certified copy of the final divorce decree to a military ID card facility (RAPIDS site).
- Consequences of Failure: Failure to update DEERS promptly can cause serious problems. A former spouse might improperly continue receiving TRICARE, potentially leading to recoupment actions by the government later. Or, a qualifying 20/20/20 spouse might have their benefits incorrectly terminated if DEERS is not updated with their new “unremarried former spouse” status.
- Surrendering/Obtaining a New ID Card: The dependent military ID card (DD Form 1173) held by the spouse during marriage becomes invalid upon divorce.
- Ineligible Spouses: Must surrender their ID card. Using an invalid ID card to access benefits or base is fraudulent.
- Eligible 20/20/20 Spouses: Must obtain a new ID card (DD Form 1173-1) reflecting their specific former spouse eligibility status. This requires the DEERS update and presentation of the divorce decree and potentially marriage/service verification documents.
- The Divorce Decree Language: Your Florida Final Judgment or Marital Settlement Agreement plays a vital role. While it cannot grant federal benefits (eligibility is determined by federal law), it needs to contain accurate information and necessary provisions:
- Accurate Dates: Precise date of marriage and date of divorce are essential for calculating eligibility overlap.
- Service Verification: While not always required in the decree, having established the service member’s creditable service dates during the divorce discovery process is vital for proving eligibility later. Your Tampa military divorce lawyer handles this.
- Children’s Provisions: Clear language regarding responsibility for maintaining children’s DEERS enrollment and cost sharing for their TRICARE.
- CHCBP Notice (Good Practice): While not legally required, including language notifying the non eligible former spouse of their potential CHCBP eligibility and the strict 60 day enrollment deadline is good practice.
Ensuring these administrative details are handled correctly requires diligence from both parties and often guidance from a Tampa military divorce lawyer who understands the post divorce procedures.
Conclusion: Plan Your Post-Divorce Mission with Expert Guidance
For military families navigating divorce in Florida, the continuation of cherished benefits like TRICARE and base privileges is a complex issue governed by strict federal rules. Eligibility for the former spouse hinges almost entirely on meeting the precise criteria of the 20/20/20 or 20/20/15 rules, focusing on the lengths of marriage, military service, and their overlap. For most, TRICARE ends with the divorce decree, necessitating prompt action to secure alternative health coverage like CHCBP or marketplace plans. Children, however, generally retain their TRICARE eligibility.
Assumptions and misinformation regarding these benefits are rampant and can lead to catastrophic gaps in coverage or unexpected loss of access. Relying on “barracks lawyers” or generic legal advice is insufficient. You need counsel specifically knowledgeable about the intersection of Florida divorce law and federal military regulations.
An experienced Tampa military divorce lawyer plays a critical role during the divorce process by:
- Accurately calculating the marriage/service overlap to determine potential eligibility before the divorce is final.
- Advising you realistically on which benefits you will retain and which you will lose.
- Negotiating alimony or asset division that accounts for the future cost of health insurance if you will lose TRICARE.
- Drafting precise language in your settlement agreement or final judgment.
- Guiding you through the essential post divorce administrative steps like updating DEERS and obtaining the correct ID card.
The end of a military marriage brings significant change. Proactively understanding and planning for the transition in benefits is essential for your future health and financial security. Partner with a Tampa military divorce lawyer who specializes in these unique challenges to ensure your rights are protected and you are fully prepared for life after the final salute. Choosing the right Tampa military divorce lawyer is key. Ensure your Tampa military divorce lawyerunderstands these rules. A knowledgeable Tampa military divorce lawyer can protect your future.
Frequently Asked Questions (FAQ)
What is the 20/20/20 rule for TRICARE? A former military spouse retains TRICARE benefits (like a dependent) if the marriage lasted 20+ years, the service member had 20+ years of creditable service, AND the marriage overlapped the service by 20+ years. The former spouse must not remarry or have employer health insurance.
What if we were married 20 years, he served 20 years, but only 18 years overlapped? You would likely qualify under the 20/20/15 rule, granting you one year of transitional TRICARE coverage after the divorce, provided you do not have employer health insurance. After that year, eligibility ends.
Do my children lose TRICARE after the divorce? Generally, no. Children usually remain eligible for TRICARE as dependents of the service member/retiree, provided they meet standard dependency requirements and the military parent provides support. Their eligibility is separate from the former spouse’s.
Can I keep using the commissary and BX/PX after my divorce? Only if you meet the 20/20/20 rule and do not remarry. Otherwise, eligibility for these base privileges typically ends upon finalization of the divorce and surrender of your dependent ID card.
What is CHCBP? The Continued Health Care Benefit Program (CHCBP) is a premium based health plan offering TRICARE like coverage for a limited time (usually up to 36 months) to former spouses who lose TRICARE eligibility due to divorce. You must enroll within 60 days of the divorce. A Tampa military divorce lawyer can provide details.
The McKinney Law Group: Experienced Guidance for Tampa Military Families Going Through Divorce
Military divorce involves complex laws like the USFSPA and SCRA. We help Tampa clients protect their rights and benefits while finding fair, workable solutions for their families.
Call 813-428-3400 or email [email protected] to get started.