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Date of Last Update:
4/29/2004 9:56:31 AM |
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I am a retired uniformed service member. I am going through a divorce and I want to know if my soon to be former spouse will continue to be eligible for health coverage & prescription benefits through TRICARE? |
As the former spouse of a retired uniformed service member, your spouse may be eligible for continued benefits if he or she does not remarry (if he or she remarries, the loss of benefits remains applicable even if remarriage ends in death or divorce); is not covered by an employer-sponsored health plan; and must meet the requirements of one of the following two situations:
Situation 1 – 20/20/20 Rule
Medical benefits are extended to an unremarried former spouse when:
1. The parties had been married for at least 20 years;
2. The member performed at least 20 years of service creditable for retired pay; and
3. There was at least a 20 year overlap of the marriage and service.
Eligibility continues as long as the above requirements continue to be met.
Situation 2 – 20/20/15 Rule
Divorce occurred before April 1, 1985:
Medical benefits are extended to an unremarried former spouse when:
1. The parties had been married for at least 20 years;
2. The member performed at least 20 years of service creditable for retired pay; and
3. There was at least a 15 year overlap of the marriage and service.
Eligibility continues as long as the above requirements continue to be met
Divorce occurred on or after September 29, 1988:
These 20/20/15 former spouses qualify for medical benefits for ONE year from the date of the divorce decree.
Unremarried former spouses, who do not meet at least the 20/20/15 rule, do not qualify for any medical benefits.
As the sponsor, you are responsible for disenrolling your former spouse from the Defense Enrollment Eligibility Reporting System (DEERS) if he or she isn’t eligible for continued TRICARE benefits due to the divorce. If your former spouse is not properly disenrolled and continues to receive care under TRICARE, the Government is required, by law, to get back the amount it paid for care from the party that received the money. To make changes to your DEERS record, you will need to visit your nearest uniformed-service personnel office. To locate the nearest uniformed services ID card facility, visit www.dmdc.osd.mil/rsl/. |
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