Divorces involving military families often present unique legal and logistical challenges, especially when it comes to dividing benefits. TRICARE—the health care program for uniformed service members, retirees, and their families—is one of the most complex benefits affected by divorce. For spouses and former spouses of service members living in Tampa, understanding the rules surrounding TRICARE eligibility post-divorce is critical for long-term healthcare planning.
TRICARE eligibility does not automatically continue for a former spouse after a divorce. Whether and how long a person remains eligible depends on several factors, including the length of the marriage, the duration of military service, and how those two periods overlap. A Tampa divorce attorney experienced in military divorce issues can help clients understand these intricate rules, ensure compliance with applicable federal laws, and structure settlement agreements accordingly.
This comprehensive guide explains how TRICARE benefits are handled post-divorce in Tampa, what rights a former spouse might retain, how benefits are terminated or extended, and what steps must be taken to maintain or transition coverage effectively.
Understanding TRICARE in the Context of Divorce
TRICARE is a Department of Defense healthcare program that serves:
- Active-duty service members
- Retired military personnel
- National Guard and Reserve members
- Eligible family members and survivors
Coverage includes services such as hospital care, outpatient services, prescription medications, mental health care, and more. For spouses and dependents, coverage is derivative—it flows through the service member’s eligibility.
When a divorce is finalized, a non-military spouse generally loses eligibility for TRICARE coverage unless specific exceptions apply. A Tampa divorce attorney helps military families determine whether an exception exists and advises on alternative coverage if TRICARE eligibility ends.
The Key Statutory Rules: The 20/20/20 and 20/20/15 Rules
The most critical factors determining post-divorce TRICARE eligibility are:
- Length of the marriage
- Length of the military service
- The overlap between the marriage and the service
These factors are known in military divorce cases as the “20/20/20 rule” and the “20/20/15 rule.”
1. The 20/20/20 Rule
A former spouse qualifies for full, lifetime TRICARE benefits if:
- The marriage lasted at least 20 years
- The military member had at least 20 years of creditable service toward retirement
- There was at least a 20-year overlap between the marriage and military service
A qualifying former spouse under the 20/20/20 rule is treated similarly to an active spouse. They retain access to TRICARE for Life (if over 65), dental programs, and military base privileges (commissary, exchange, etc.), unless they remarry.
However, if they remarry and the subsequent marriage ends, they may regain TRICARE eligibility, depending on the circumstances. A Tampa divorce attorney will ensure clients understand these nuances and how to protect eligibility.
2. The 20/20/15 Rule
Under this rule, a former spouse qualifies for one year of transitional TRICARE coverage after the divorce if:
- The marriage lasted at least 20 years
- The military member served at least 20 years
- There was at least a 15-year overlap between the marriage and military service
Coverage ends after 12 months. The spouse must then seek alternative health insurance. TRICARE eligibility does not extend beyond one year unless the former spouse qualifies under a different provision.
When Does TRICARE Coverage End for Non-Qualifying Former Spouses?
If a former spouse does not meet the 20/20/20 or 20/20/15 criteria, TRICARE coverage ends on the date the divorce is finalized. There is no grace period, no transitional coverage, and no appeal. This makes it essential to plan ahead.
Options for continued health insurance include:
- TRICARE Continued Health Care Benefit Program (CHCBP): A temporary option similar to COBRA
- Private insurance through the marketplace
- Employer-sponsored plans
A Tampa divorce attorney will guide the non-military spouse through the steps required to secure ongoing healthcare, especially if the spouse has a chronic condition or is undergoing treatment.
TRICARE Continued Health Care Benefit Program (CHCBP)
CHCBP provides temporary coverage—up to 36 months—for former spouses who lose TRICARE eligibility after divorce. It is a premium-based plan that mirrors most TRICARE coverage.
CHCBP Eligibility Requirements:
- Coverage must be elected within 60 days of losing TRICARE eligibility
- Premiums must be paid quarterly and are significantly higher than TRICARE Prime or Select
- The former spouse must not be remarried
Premiums (subject to annual adjustment):
- As of current rates: approximately $1,600–$2,000 per quarter
CHCBP can act as a short-term bridge while the former spouse secures permanent coverage. A Tampa divorce attorney will often include a provision in the marital settlement agreement requiring the service member to assist with the cost of CHCBP premiums for a defined period.
TRICARE for Children After Divorce
Even after divorce, children of the service member typically remain eligible for TRICARE as long as they meet dependency requirements:
- Unmarried
- Under age 21 (or 23 if enrolled full-time in college)
- Financially dependent on the service member
The child’s eligibility is unaffected by the parents’ marital status. The custodial parent may need to file paperwork to maintain coverage, and a Tampa divorce attorney can ensure the final judgment of dissolution includes provisions for maintaining the child’s Defense Enrollment Eligibility Reporting System (DEERS) record.
It is crucial that:
- The service member updates DEERS with custody information
- The child’s continued eligibility is preserved through proper documentation
- The final judgment or parenting plan outlines responsibility for TRICARE-related expenses
Impact of Remarriage on TRICARE Eligibility
Remarriage can affect a former spouse’s TRICARE eligibility in the following ways:
- For 20/20/20 spouses: Remarriage results in the loss of TRICARE eligibility. If the second marriage ends due to divorce, annulment, or death, eligibility may be restored, provided the spouse does not enroll in another plan.
- For CHCBP participants: Remarriage disqualifies the individual from remaining in the program.
A Tampa divorce attorney will ensure that the final agreement includes language outlining the consequences of remarriage on healthcare eligibility.
Marital Settlement Agreement Provisions Regarding TRICARE
While federal law governs TRICARE eligibility, a marital settlement agreement can still contain useful provisions to clarify intentions, responsibilities, and cost-sharing arrangements.
A Tampa divorce attorney may include clauses addressing:
- CHCBP premium responsibilities
- Who will maintain DEERS enrollment for minor children
- Required documentation for continued TRICARE access
- Notification obligations for changes in eligibility (e.g., remarriage)
- Reimbursement for out-of-pocket expenses
Although courts cannot force the Department of Defense to provide benefits outside federal guidelines, a settlement agreement can create contractual obligations between spouses.
Survivor Benefit Plan (SBP) vs. TRICARE
It’s important not to confuse TRICARE with the Survivor Benefit Plan (SBP). SBP is a separate military benefit that provides ongoing income to a former spouse upon the military member’s death, assuming proper elections are made.
While SBP and TRICARE are separate, they often intersect in military divorces. A Tampa divorce attorney will coordinate both in settlement discussions, especially when the former spouse qualifies for both SBP and 20/20/20 TRICARE.
Enforcing TRICARE Rights in Tampa Family Court
If a service member refuses to cooperate with required documentation or misrepresents eligibility in the settlement process, a Tampa divorce attorney can petition the court for:
- Enforcement of the settlement agreement
- Clarifying orders requiring cooperation with DEERS updates
- Reimbursement for costs incurred due to the loss of coverage
Because TRICARE is federally regulated, courts in Tampa cannot compel the Department of Defense to reinstate eligibility—but they can issue monetary or injunctive relief for breaches of the settlement terms.
Dealing with TRICARE in a Collaborative Divorce or Mediation Setting
In alternative dispute resolution settings, such as collaborative divorce or mediation, TRICARE issues are often easier to handle proactively. This allows the parties to:
- Discuss coverage transition plans
- Divide costs of CHCBP premiums equitably
- Agree on DEERS responsibilities without litigation
A Tampa divorce attorney representing a military spouse or non-military spouse in these settings should come prepared with detailed knowledge of TRICARE rules and federal limitations to structure enforceable, realistic agreements.
Planning for Long-Term Healthcare Needs
TRICARE eligibility is not just about the present moment—it has significant implications for long-term health planning. A former spouse with chronic health needs must plan for:
- The end of transitional coverage
- Qualification for marketplace subsidies
- Access to VA or public programs in the future
A Tampa divorce attorney works with financial advisors and insurance brokers to help clients build a long-term plan that replaces TRICARE with equivalent or near-equivalent coverage once eligibility ends.
Misconceptions About TRICARE After Divorce
Many divorcing spouses misunderstand how TRICARE works post-divorce. Common misconceptions include:
- “I was married to a service member, so I’ll always have coverage.” (Only true under 20/20/20)
- “My kids will lose TRICARE if I have custody.” (They remain eligible if the service member is their sponsor)
- “My ex has to keep me on his TRICARE.” (He or she does not—TRICARE is federally governed, not contractually extended unless CHCBP is agreed upon)
These myths can lead to legal disputes, unexpected coverage loss, and financial hardship. A Tampa divorce attorney will dispel these misconceptions early in the process.
Checklist for Divorcing Spouses Navigating TRICARE
A Tampa divorce attorney will typically assist clients in navigating this checklist to preserve TRICARE eligibility or prepare for its loss:
- Confirm eligibility under 20/20/20 or 20/20/15 rules
- Document the service member’s creditable service and marriage duration
- Determine whether a CHCBP election is necessary
- Clarify TRICARE eligibility for children post-divorce
- Ensure DEERS is updated promptly after divorce
- Include healthcare and TRICARE clauses in the settlement agreement
- Coordinate with a financial advisor for long-term coverage
- Notify all parties of any remarriage that may affect benefits
Proper legal planning prevents lapses in coverage and supports health and stability for all parties post-divorce.
Final Thoughts
Navigating TRICARE benefits after a divorce is a legally and emotionally complex issue. For former spouses of military members in Tampa, understanding the exact rules surrounding TRICARE eligibility is crucial to making informed decisions and avoiding lapses in healthcare coverage.
Whether you’re a military spouse looking to preserve your TRICARE rights or a service member planning a fair divorce agreement, the guidance of a skilled Tampa divorce attorney is essential. From evaluating eligibility under the 20/20/20 or 20/20/15 rules to structuring CHCBP transitions and drafting enforceable settlement clauses, an attorney with deep knowledge of military divorce can ensure that healthcare considerations are fully addressed.
FAQ: TRICARE Benefits After Divorce
Q: Will I automatically lose TRICARE coverage when I divorce a service member?
A: Unless you qualify under the 20/20/20 or 20/20/15 rule, you will lose TRICARE eligibility on the day the divorce is finalized.
Q: What is the 20/20/20 rule?
A: It refers to 20 years of marriage, 20 years of military service, and 20 years of overlap between the two. If you meet this standard, you may retain TRICARE for life unless you remarry.
Q: What if I only meet the 20/20/15 rule?
A: You will receive TRICARE coverage for one year after divorce. After that, you will need to find alternative insurance.
Q: Can I stay on TRICARE through CHCBP?
A: Yes. The Continued Health Care Benefit Program offers up to 36 months of coverage, but you must pay premiums and apply within 60 days of losing regular TRICARE.
Q: Do my children lose TRICARE when we divorce?
A: No. Children of the service member typically remain eligible as long as they meet dependency requirements, regardless of custody.
Q: What happens if I remarry?
A: Remarriage generally terminates TRICARE and CHCBP eligibility. In some cases, if the new marriage ends, TRICARE may be reinstated.
Q: Can a court force my ex-spouse to keep me on TRICARE?
A: No. TRICARE is governed by federal law, and courts cannot require a military member to provide or extend it beyond eligibility rules. However, agreements may include CHCBP cost-sharing provisions.
Q: How do I make sure my TRICARE access doesn’t lapse after divorce?
A: You should coordinate with DEERS, apply for CHCBP if necessary, and confirm all eligibility requirements with a Tampa divorce attorney before finalizing your divorce.
Q: Can I use the base medical clinic after divorce?
A: Only if you qualify under the 20/20/20 rule. Otherwise, your access to base facilities will be revoked after divorce.
Q: Should my marital settlement agreement include TRICARE provisions?
A: Yes. A well-drafted agreement can address transition coverage, DEERS responsibilities, and cost-sharing for CHCBP or other insurance options.
The McKinney Law Group: Tampa Divorce Attorneys for Working Parents
When you’re balancing divorce, work, and parenting, you need legal support that fits your life. At The McKinney Law Group, we help Tampa parents manage divorce without losing sight of what matters—your time, your children, and your future.
We assist with:
✔ Time-sharing and custody arrangements that support busy schedules
✔ Clear child support plans based on Florida law
✔ Property and financial division that respects your contributions
✔ Responsive communication and virtual appointment options
✔ Legal solutions that reduce stress and keep you moving forward
Call 813-428-3400 or email [email protected] to speak with a family-first divorce attorney.