In this installment of military divorce myths, we’ll look at the belief that a court can order the servicemember to provide TRICARE coverage for a former spouse. False.
There is nothing a court can do to create or deny TRICARE coverage for a former spouse. Whether a former spouse qualifies for TRICARE coverage is established in Federal law. There are two rules under which the former spouse may qualify based on the length of the marriage/military overlap — the “20/20/20″ rule and 20/20/15” rule.
The 20/20/20 rule requires at time of divorce the following:
- The servicemember has at least 20 years of creditable service towards determining retirement pay;
- The former spouse has been married to the same sponsor/service member for at least 20 years; and,
- All 20 years of marriage overlapped the 20 years of creditable (Active or Reserve) service which counted towards the servicemember’s retirement.
Former spouses qualifying under the 20/20/20 rule are eligible for TRICARE coverage in their own name after divorce. Eligibility is lost if the former spouse remarries or purchases coverage under an employer-sponsored plan.
The 20/20/15 rule requires at time of divorce the following:
- The servicememeber has at least 20 years of creditable service towards determining retirement pay;
- The former spouse has been married to the same sponsor/service member for at least 20 years; and,
- At least 15 of those years overlap the 20 years of creditable (Active or Reserve) service which counted towards your sponsor’s retirement.
Former spouses qualifying under the 20/20/15 rule are eligible for TRICARE coverage in their own name for one year after the date of divorce. Eligibility is lost in the same manner described above.
Speak with a qualified military divorce attorney if you have questions.
Author Jim Cramp is a retired active duty colonel and principal attorney at the Cramp Law Firm. The Cramp Law Firm provides a spectrum of family-related legal services in the greater San Antonio Region.