TRICARE, Your Military Health Plan

Divorce

When there is a divorce, the sponsor must update this information in the Defense Enrollment Eligibility Reporting System (DEERS). A copy of the divorce decree is needed to update DEERS. 

TRICARE eligibility for some family members may change:

Former Spouses
As of 12:01 a.m. on the day of the divorce, your benefits end unless you meet the eligibility requirements of a former spouse. If you meet the former spouse requirements, you'll continue to be eligible for TRICARE, and will use your name and health benefit number (not your former sponsor's) to schedule appointments and file claims.

If you do not meet the former spouse eligibility requirements, you can no longer get care through TRICARE. Any claims paid after your loss of eligibility will be recouped. Upon loss of eligibility, you may be eligible to purchase coverage under the Continued Health Care Benefits Program.   

Children
Biological and adopted children of the sponsor remain eligible for TRICARE up to age 21 (or age 23 if enrolled in college, learn more) as long as the child remains a dependent child (i.e. is not married or serving on active duty.) Stepchildren who were not adopted by the sponsor lose TRICARE eligibility once DEERS is updated with the divorce decree.  Upon loss of eligibility, stepchildren may be eligible to purchase coverage under the Continued Health Care Benefits Program.  

Getting Care for Children After a Divorce
The custody agreement, sponsor's military status and location may have an impact on how and where eligible child(ren) get care. In many cases, if your child lives between two households, or apart from the service member parent, he or she can get health care anywhere by following the rules of their health care plan. If needed, contact your contractor for assistance.

Read below for some common things to keep in mind when selecting a health plan option and getting care for your child(ren) after a divorce. If you need further assistance for a unique situation, or would like assistance in selecting a health plan for your child, contact your regional contractor. 

When Both Parents are Service Members
A child can only have one sponsor. When both of the divorced parents are service members, you must decide together which parent should be the sponsor of the child's benefits. If an agreement cannot be reached, visit an ID card office for additional guidance on how to resolve the issue. The ID card office can also update your child(ren)'s record(s) to remove their benefits and entitlements under one of the applicable parents. Removing their benefits and entitlements will not remove them from the other parent's DEERS record.

When One Parent is a Service Member and the One Parent is No Longer Eligible for TRICARE
Your child should have his or her own ID card when in the care of a parent or guardian who is not eligible for TRICARE or who is not the custodial parent. Contact your local ID card office for more information if your child does not have an ID card.

Shared Custody in Different TRICARE Regions
If custody of your child is shared, and you and your former spouse live in different TRICARE regions, you should decide carefully which health plan option your child(ren) should use based on the amount of time they stay with each parent. 

For instance, if your child(ren) enroll in TRICARE Prime and custody is shared for more than 60 days at a time, if available in both locations, you should consider transferring your child's TRICARE Prime enrollment each time the child(ren) move between parent's homes. If you don't transfer the enrollment each time, you'll need a referral from the primary care manager for any non-emergency care. Without a referral, you will pay higher out-of-pocket costs for some services through the point-of-service option.

TRICARE Standard and Extra may be the best option in this scenario because your child(ren) can get care from any TRICARE-authorized provider, network or non-network without a referral. However, some services require authorization.

Using TRICARE with Other Health Insurance
TRICARE is always the second payer to any other health insurance (OHI) plan. After a divorce, if a child is covered by health insurance from the non-uniformed service parent, then TRICARE can still act as a second payer after the OHI. If the child(ren) visits the uniformed service member for extended periods of time, TRICARE is still the second payer, so make sure your child has the OHI information to get care away from home during these visits.

You should review your OHI and TRICARE options carefully, to make sure you have the best coverage for your child(ren). >>Learn More about TRICARE and OHI

Last Modified: August 22, 2012