After divorce, many spouses of military servicemembers worry that he/she will lose health insurance (known as Tricare).    Whether a spouse can keep health insurance after the divorce depends on several factors.  Tricare ends on the date of divorce, except as follows:

Option 1: The “20-20-20” Rule

If the former spouse servicemember:

1. has 20 years of military service; and

2.  the marriage lasted 20 years; and

3.  All 20 years of marriage overlap the 20 years of service.

then the former spouse can maintain TriCare under his/her own name.

Option 2: The “20-20-15” Rule

If the former spouse servicemember:

1. has 20 years of military service; and

2.  the marriage was 20 years; and

3. 15 years of marriage overlap the 20 years of service.

then the former spouse can maintain Tricare for one year following the divorce date.

Under either option, the former spouse will lose Tricare coverage if he/she remarries.   Other potential limited options regarding continued health insurance after divorce will be addressed in future blogs.   Because these rules are strict, and the issue so important, the military spouse must consult with his/her lawyer to ensure insurance is kept as long as possible.   That may involve timing of both the beginning and end of the divorce to plan coverage.

Attorney David Kowalski works with many servicemembers and their spouses through divorce.  Please call for a free consultation.