Most people who are on their spouse’s health insurance plan lose that coverage as soon as the divorce is final. If your spouse is a current or retired member of the military, however, that may not be the case.
The rules for TRICARE are different than for civilian health care coverage. While health insurance is likely high on your list of things to worry about as you consider or prepare for divorce, you don’t want to be caught without coverage. Let’s take a brief look at what you need to know.
What determines the continuation of coverage?
Your future with TRICARE depends on the length of:
- Your marriage
- Your spouse’s retirement-creditable military service
- The overlap between the above two things
There are two key rules you need to know.
The 20-20-20 rule: This is when all three of those things have lasted at least 20 years. For example, say your spouse has been in the military for 30 years and the two of you have been married for 22 years of their military service.
That means you qualify to continue to get health insurance through TRICARE after your divorce until and unless you remarry. You will, however, need to get your own plan separate from your ex’s plan. If you have children, they can stay on whichever parent’s plan you choose.
The 20-20-15 rule: Say your spouse has been in the military for 30 years, but you married 16 years ago. The 20-20-15 rule would apply to you. In this case, you’re eligible to get your own TRICARE coverage for a year after your divorce is final. Then you need to find other health insurance.
What if you don’t qualify for continued TRICARE?
If you don’t qualify for any continued TRICARE coverage, you can still qualify for health insurance under the Continued Health Care Benefit Program (CHCBP) for three years. However, it’s important to note that this can be costly.
If your own employer doesn’t offer health insurance, it’s smart to explore the options in Maryland’s health insurance marketplace or that of whatever state you’ll be living in. Under the Affordable Care Act, Americans have access to a variety of plans that fit their needs and budget.
Regardless of what options are available to you, it’s wise to decide as soon as possible for yourself and your children. The cost of health care and insurance need to be considered as you work out any spousal and child support agreements. Having experienced legal guidance can help you with any questions or concerns.
