Question of the Week: Can Your Spouse Keep TRICARE After Divorce?

Can Your Spouse Keep TRICARE After Divorce?

If you're facing a military divorce, one of the biggest questions is: Will my spouse (or ex-spouse) still have access to TRICARE?

The short answer: Not usually—but there are exceptions.

The General Rule

In most cases, TRICARE coverage for a spouse ends when the divorce is finalized. Children remain eligible under the military sponsor’s benefits, but a former spouse does not automatically keep coverage.

The 20/20/20 Rule

One major exception is the 20/20/20 rule, which allows a former spouse to keep TRICARE coverage in their own right if:

• The marriage lasted at least 20 years,
• The service member has at least 20 years of creditable service, and
• The marriage and service overlapped by 20 years.

If all three apply, the former spouse may be eligible for full TRICARE benefits after divorce—for life—as long as they don’t remarry or enroll in other health insurance.

What About the 20/20/15 Rule?

If the overlap is only 15 years, the former spouse may qualify for temporary TRICARE coverage—up to one year post-divorce.

Children and TRICARE

Regardless of the spouse’s eligibility, children of the marriage remain covered under TRICARE as long as they meet the usual dependency criteria. The military parent typically remains responsible for maintaining that coverage.

Final Thoughts

TRICARE eligibility can be a major factor in divorce negotiations. If you or your spouse are counting on continued coverage, it's essential to understand the rules—and ensure your divorce decree reflects that understanding.

Need help navigating TRICARE and other military benefits in divorce?
Our firm focuses on military family law, and we’re here to guide you through the process with clarity and confidence.

📞 Contact us today at 301-952-9000 or check here to schedule a confidential consultation.