TRICARE After Divorce: What Georgia Families Need to Know

Navigating divorce is never easy, especially for military families. One of the most pressing concerns is how divorce impacts TRICARE health benefits for spouses and children. At Hobson & Hobson, P.C., we leverage over 30 years of combined experience and innovative legal strategies to guide Atlanta-area families through these complex transitions. Here’s what you need to know about TRICARE after divorce, with insights tailored for Georgia residents.

Understanding TRICARE Eligibility After Divorce

Divorce triggers immediate changes in TRICARE eligibility for non-military spouses. According to the Defense Health Agency, TRICARE coverage for a former spouse generally ends at 12:01 am on the day the divorce is finalized (source). This means that unless specific criteria are met, former spouses must secure alternative health coverage right away.

The 20/20/15 Rule: Limited Continued Coverage

Some former spouses may qualify for continued TRICARE coverage under the “20/20/15 rule.” This provision applies if:

  • The marriage lasted at least 20 years,
  • The service member has at least 20 years of creditable military service,
  • At least 15 years of the marriage overlapped with the military service.

If you meet these criteria, you may be eligible for one year of TRICARE coverage after divorce. This transitional period is invaluable for those adjusting to new circumstances (TRICARE official guidelines).

Children’s TRICARE Eligibility

For children, the rules are more straightforward:

  • Biological and adopted children of the military sponsor remain eligible for TRICARE after divorce.
  • Stepchildren who were not legally adopted lose eligibility at the same time as the former spouse.

Divorce is considered a Qualifying Life Event (QLE), giving the military sponsor and eligible children a 90-day window to update or change their TRICARE health plan (Military OneSource).

Reporting Divorce: Why Timeliness Matters

Promptly reporting your divorce to the Defense Enrollment Eligibility Reporting System (DEERS) is critical. Failure to do so can result in TRICARE recouping all claims paid during the period of ineligibility, potentially creating significant financial liability (TRICARE DEERS). Our team ensures that all necessary documentation is submitted efficiently, protecting your interests and minimizing risk.

When Does Former Spouse Coverage End?

Even if a former spouse qualifies for continued coverage under the 20/20/15 rule, certain events will terminate TRICARE eligibility:

  • Remarriage (even if the new marriage ends in divorce or death)
  • Obtaining employer-sponsored health coverage
  • Marriage to a NATO or Partners for Peace nation member

Understanding these triggers is essential to avoid unexpected coverage gaps.

Recent TRICARE Policy Updates

As of January 1, 2025, TRICARE implemented new contracts affecting beneficiaries in the United States. While these changes primarily impact payment processing and plan administration, it’s important for Georgia residents to confirm their regional assignments and update payment information as needed (TRICARE Newsroom).

Legal Guidance for Georgia Military Families

At Hobson & Hobson, we understand the unique challenges military families face during divorce. Our approach combines empathy and aggressive advocacy, ensuring your parental rights and financial interests are protected. Here’s how we help:

  • Verifying marriage duration and overlap with military service to determine TRICARE eligibility.
  • Ensuring timely and accurate reporting of divorce to DEERS.
  • Addressing healthcare transitions in divorce settlements, including guidance on COBRA and private insurance options.
  • Advising on the 90-day QLE window for children’s TRICARE plan changes.
  • Providing ongoing support as policies and regulations evolve.

Our commitment to leveraging advanced technology ensures that your case is handled with precision and efficiency, minimizing stress during this challenging time.

Frequently Asked Questions: TRICARE After Divorce

How soon does TRICARE coverage end after divorce?

TRICARE coverage for a former spouse ends at 12:01 am on the day the divorce is finalized. Children’s coverage continues if they are biological or adopted children of the military sponsor.

Can a former spouse keep TRICARE coverage?

Only under the 20/20/15 rule (20 years of marriage, 20 years of service, 15 years overlap) may a former spouse qualify for one year of continued coverage. Otherwise, coverage ends immediately.

What happens if I don’t report my divorce to DEERS?

Failure to report can result in TRICARE recouping all claims paid after the divorce date, creating significant financial risk.

Are stepchildren covered after divorce?

Stepchildren lose TRICARE eligibility unless they were legally adopted by the military sponsor.

What should I do if I lose TRICARE coverage?

Explore alternative options such as COBRA, employer-sponsored plans, or coverage through the Health Insurance Marketplace (Healthcare.gov). Our attorneys can help you evaluate the best options for your circumstances.

Why Choose Hobson & Hobson for Military Divorce in Georgia?

With five convenient office locations across Atlanta, Canton, Marietta, Alpharetta, Milton, Roswell, and Duluth, we are uniquely positioned to serve Georgia families. Our special litigation training and commitment to ongoing education ensure that we stay at the forefront of family law, including the latest developments in military divorce and TRICARE regulations.

We offer initial consultations to discuss your unique situation and help you make informed decisions. Whether your case involves high-asset division, contentious custody disputes, or complex military benefits, our team is ready to provide the clarity, support, and advocacy you deserve.

For more information or to schedule a consultation, visit Hobson & Hobson, P.C..

Additional Resources

At Hobson & Hobson, we are dedicated to helping you navigate the legal and practical complexities of divorce, ensuring your family’s health and future are protected every step of the way.

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