When a military marriage ends in divorce, one of the most immediate and pressing concerns for non-military spouses is the continuation of healthcare coverage. TRICARE, the health care program serving uniformed service members and their families, often becomes a focal point during divorce proceedings. Understanding whether you will lose TRICARE after divorce—and what your alternatives may be—is essential for protecting your medical access and financial stability. A qualified Tampa divorce lawyer can help you evaluate your eligibility and secure appropriate legal relief based on your marital history and the applicable federal guidelines.
Understanding TRICARE Eligibility in Military Divorce
TRICARE eligibility is based on military service and family relationship to a service member. During a marriage, a non-military spouse is typically covered under the service member’s TRICARE plan. However, that coverage does not necessarily continue after divorce unless specific conditions are met.
TRICARE benefits do not operate under Florida family law alone. Instead, eligibility hinges on federal laws such as the Uniformed Services Former Spouses’ Protection Act (USFSPA) and Department of Defense (DoD) policy. While a Tampa divorce lawyer can help divide state-governed marital assets, continued TRICARE coverage is governed by federal statutes.
The 20/20/20 Rule
The most well-known provision allowing continued TRICARE eligibility after divorce is the 20/20/20 rule. This applies when:
- The marriage lasted 20 years or more,
- The service member served at least 20 years of creditable military service, and
- There was at least 20 years of overlap between the marriage and the military service.
If all three requirements are met, the former spouse is entitled to full TRICARE benefits as a “20/20/20 spouse”, even after divorce. This includes access to military treatment facilities, dental care (if enrolled separately), and other TRICARE benefits as though still married.
It’s important to note that coverage as a 20/20/20 spouse can end if the former spouse remarries. If the new marriage ends, TRICARE eligibility may be reinstated, provided the individual meets all criteria again.
A Tampa divorce lawyer experienced in military divorce will pay special attention to the 20/20/20 rule when negotiating settlements and advising on post-divorce planning.
The 20/20/15 Rule
If you don’t meet the full 20/20/20 requirements, there’s a second tier of eligibility under the 20/20/15 rule, which includes:
- 20 years of marriage,
- 20 years of creditable service, and
- At least 15 years of overlap between the marriage and military service.
In this case, the former spouse receives TRICARE for only one year following the divorce. After that one-year grace period, the former spouse must secure alternative healthcare. This one-year period can offer temporary relief but is not a permanent solution. It’s critical to use that time to arrange for long-term medical coverage.
Again, this coverage ends upon remarriage. A Tampa divorce lawyer can help structure the divorce decree in ways that clarify benefit timelines and help the spouse prepare for a healthcare transition.
The Continued Health Care Benefit Program (CHCBP)
When neither the 20/20/20 nor the 20/20/15 rule applies, the Continued Health Care Benefit Program (CHCBP) may offer a bridge to civilian healthcare. CHCBP is a premium-based, temporary health insurance program that provides TRICARE-like coverage for up to 36 months after divorce.
To qualify, a former spouse must:
- Have been covered by TRICARE at some point,
- Not be eligible for employer-sponsored healthcare, and
- Apply within 60 days of losing TRICARE eligibility.
CHCBP can also be extended indefinitely if the former spouse:
- Has not remarried before age 55,
- Was entitled to a portion of the military member’s retirement pay (or received a court-ordered Survivor Benefit Plan), and
- Meets certain other DoD criteria.
This program is not automatic; it requires enrollment and monthly premiums, which can be substantial. A Tampa divorce lawyer can assist with CHCBP eligibility documentation and deadlines during post-divorce planning.
TRICARE for Children After Divorce
Children of military members remain eligible for TRICARE until age 21 (or 23 if enrolled in college full-time), regardless of their parents’ marital status. Divorce does not affect a child’s eligibility for TRICARE, as long as the child is a biological or legally adopted dependent of the service member.
However, it’s vital to ensure that the military parent updates the child’s DEERS (Defense Enrollment Eligibility Reporting System) records after the divorce. Failure to update DEERS can result in denied claims or interrupted coverage.
A Tampa divorce lawyer will often include provisions in the parenting plan or final judgment that require the service member to keep DEERS information up-to-date and maintain TRICARE coverage for minor children.
Survivor Benefit Plan (SBP) and Its Role in TRICARE Access
While the Survivor Benefit Plan (SBP) does not itself provide TRICARE coverage, it can affect CHCBP eligibility extensions. If a former spouse receives an SBP annuity after the military member’s death, they may be eligible for CHCBP continuation beyond 36 months.
Courts can award an SBP to a former spouse in a divorce decree. However, such awards must be precisely worded and submitted to DFAS (Defense Finance and Accounting Service) within one year of the divorce. A Tampa divorce lawyer must work closely with military pension experts to ensure SBP election language is enforceable and timely filed.
Misconceptions About TRICARE and Divorce
There are many myths circulating about what happens to TRICARE after divorce. Some of the most common misconceptions include:
- “TRICARE always ends after divorce.” This is false; 20/20/20 and CHCBP provide ongoing options.
- “Children lose TRICARE when custody goes to the civilian parent.” Also false; custody has no bearing on TRICARE eligibility for children.
- “You have to be married at the time of retirement to get benefits.” Eligibility depends on overlap of service and marriage, not retirement timing.
A Tampa divorce lawyer who focuses on military family law will dismantle these myths and offer grounded, statute-based advice.
Planning Ahead During the Divorce Process
Divorce is often a stressful and fast-moving legal process, but slowing down to properly assess healthcare consequences is critical. For military families in Tampa, TRICARE planning should be integrated into:
- Equitable distribution strategies,
- Temporary relief hearings,
- Final judgments, and
- Post-judgment modifications or enforcement actions.
Whether you’re the service member or the spouse, working with a Tampa divorce lawyer experienced in military-specific issues can mean the difference between maintaining coverage or facing a healthcare gap.
The Importance of DEERS
After a divorce is finalized, it is the service member’s responsibility to update DEERS. If DEERS is not updated to reflect the divorce, the former spouse may improperly continue receiving TRICARE, which can result in coverage being rescinded retroactively—and in some cases, a demand to repay claims.
DEERS changes are also critical for ensuring children’s eligibility is preserved, especially if names, addresses, or custody arrangements change.
A Tampa divorce lawyer should always include a requirement in the marital settlement agreement mandating timely DEERS updates and outlining enforcement remedies if not completed.
Florida Law vs. Federal TRICARE Rules
Florida divorce courts handle the equitable distribution of marital assets, including pension rights, alimony, and child support. However, TRICARE eligibility is federally governed and not subject to Florida court orders. A judge in Tampa cannot force TRICARE to continue coverage unless the federal criteria are met.
This means that any agreement between spouses regarding TRICARE continuation is only meaningful if it aligns with DoD and TRICARE regulations. A Tampa divorce lawyer must draft agreements with an eye toward enforceability under both federal and state law.
Common Pitfalls to Avoid
Many divorcing spouses fail to plan for post-divorce health coverage until it’s too late. Some common mistakes include:
- Relying on informal promises from the military spouse,
- Failing to apply for CHCBP within the 60-day window,
- Not understanding how remarriage affects eligibility,
- Assuming that court orders override federal TRICARE policy,
- Ignoring deadlines for SBP or DFAS notifications.
To avoid these outcomes, it’s essential to consult with a Tampa divorce lawyer who regularly handles military divorces and coordinates with federal benefit administrators.
FAQ: TRICARE and Divorce in Tampa
Q: Do I automatically lose TRICARE coverage after my divorce is finalized?
A: Not always. If you meet the 20/20/20 or 20/20/15 rule, you may retain coverage either permanently or for one year. Otherwise, you’ll need to explore CHCBP or private insurance.
Q: What if I’ve been married for 19 years and my spouse has 20 years of service?
A: Unfortunately, you would not meet the 20/20/20 rule because you fall short of the full 20 years of marriage. However, CHCBP may still be an option for transitional coverage.
Q: Can I stay on TRICARE if I have children with the service member?
A: Only children remain eligible through the service member after divorce. The former spouse must meet federal criteria for continued coverage.
Q: How long do I have to apply for CHCBP?
A: You must apply within 60 days of losing your TRICARE eligibility. Late applications are typically denied.
Q: Does TRICARE cover therapy or counseling during divorce?
A: TRICARE does cover mental health services for eligible beneficiaries. If your eligibility ends with the divorce, coverage ceases unless you qualify under another provision or pay into CHCBP.
Q: Can my Tampa divorce lawyer include a provision that forces my ex to keep me on TRICARE?
A: No. TRICARE is federally regulated. Florida courts cannot compel the military to continue TRICARE coverage for ineligible former spouses.
Q: What happens to TRICARE if the service member dies after divorce?
A: If the divorce decree includes an SBP award and you receive it, you may qualify for extended CHCBP benefits. Otherwise, TRICARE generally ends unless you qualify under the 20/20/20 rule and meet remarriage restrictions.
Q: Can the military revoke my TRICARE retroactively after divorce?
A: Yes. If DEERS is not updated and TRICARE is used improperly post-divorce, the government can demand repayment of medical costs.
Q: Is there any difference in TRICARE rules for enlisted vs. officer spouses?
A: No. TRICARE eligibility after divorce is based on years of service and marriage overlap—not rank.
Q: What if I discover my TRICARE was terminated early or in error?
A: Contact a Tampa divorce lawyer immediately to determine if you qualify for CHCBP or should appeal the termination.
The McKinney Law Group: Trusted Tampa Divorce Attorneys Focused on Clear Guidance and Practical Solutions
At The McKinney Law Group, we believe that straightforward advice and realistic planning are essential to navigating divorce successfully. Our goal is to help Tampa clients make informed choices that support a stronger future.
We provide guidance with:
✔ Interpreting how Florida law applies to your situation
✔ Weighing your legal options before filing
✔ Safeguarding your financial interests and parental rights
✔ Minimizing stress through strategic preparation
✔ Creating a clear, confident path forward
To get the answers you need, call 813-428-3400 or email [email protected] to schedule your consultation.