A common question civilian spouses want to know is what military benefits they will continue to receive after a divorce from their servicemember spouse. For most civilian spouses the answer is none. However, some spouses are able to receive benefits after a divorce. There are two rules that cover former spouse benefits, the 20/20/20 rule and the 20/20/15 rule. If a civilian spouse qualifies under one of these rules they will receive at least some benefits after the divorce, with the duration of the benefits depending on which rule they qualify under.
Benefits for military children are completely separate from benefits for former spouse. This article discusses Tricare for children as well.
The 20/20/20 Rule
The 20/20/20 rule has three prongs, all of which must be met for a civilian spouse to collect benefits:
The couple must have been married for at least 20 years;
The Spouse must have served in the military for at least 20 years; AND
20 years of the marriage must overlap 20 years of the spouse’s military service.
If a military spouse meets all all three, they will receive the same benefits as the servicemember ex for the rest of their life. This includes:
Tricare;
Base Access;
Commissary and exchange privileges; and
(Likely) a portion of the spouse’s retirement pay (this part still must be negotiated in the divorce, read more here).
However, the benefits can be lost if the civilian spouse remarries or signs up for an employer based health care plan.
The divorced spouse will register for Tricare themselves and become their own sponsor, using their own name and social (probably a dream long sought by many former military "dependents").
The 20/20/15 Rule
Under the 20/20/15 rule, the civilian spouse can keep Tricare health care benefits for one year from the date of the divorce if:
The couple was married to the service member for at least 20 years;
The service member served in the armed forces for at least 20 years; and
The marriage and the period of service overlapped for at least 15 years.
Under the 20/20/15 rule, the former spouse does not have access to the military exchange, installation privileges, or commissary privileges.
Spouses who lose Health Benefits:
A civilian spouse who loses Tricare benefits because of divorce, can buy up to 36 months of temporary health care coverage through the Department of Defense Continued Health Care Benefit program (CHCBP). CHCBP must be elected within 60 days of losing Tricare coverage. If the civilian spouse remarries they lose access to this program.
Learn more through the TRICARE website.
Eligibility for Children:
After a divorce a servicemember's biological and adopted children remain eligible for Tricare regardless of the civilian spouse's eligibility. They will remain eligible like any other children, until they turn 21 (or 23 if in college), marry, or serve on active duty. Children up to the age of 26 may qualify to purchase TRICARE Young Adult. Any step-children the servicemember didn’t adopt will lose eligibility once the divorce is final, along with their parent.
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