Navigating divorce is challenging — especially when military benefits like TRICARE are involved. At Hobson & Hobson, P.C., we understand the complexities facing military families in Georgia and are committed to providing clear, actionable guidance to protect your health coverage and financial security during this transition.
TRICARE After Divorce: What You Need to Know
TRICARE is the U.S. Department of Defense’s health care program for service members, retirees, and their families. Divorce can significantly impact eligibility for both spouses and children. Knowing your rights and obligations under current regulations is essential for making informed decisions.
Key Eligibility Rules for Ex-Spouses
TRICARE eligibility for former spouses is governed by strict federal rules. The most important are the “20/20/20” and “20/20/15” rules:
The 20/20/20 Rule
You may retain full TRICARE coverage under your own Social Security Number if:
- Your former spouse (the military sponsor) has at least 20 years of creditable military service.
- You were married to the sponsor for at least 20 years.
- At least 20 years of marriage overlapped with the sponsor’s military service.
This rule is the gold standard for continued TRICARE eligibility after divorce. If you qualify, you can maintain TRICARE coverage indefinitely unless you remarry or obtain employer-sponsored health insurance. For more details, visit the TRICARE Former Spouses page.
The 20/20/15 Rule
If you were married for at least 20 years, and 15 of those years overlapped with military service, you may qualify for one year of TRICARE coverage after divorce. The timing of your divorce affects eligibility:
- Divorces before April 1, 1985: Continued eligibility as long as requirements are met.
- Divorces between April 1, 1985, and September 28, 1988: Eligible until December 31, 1988, or two years from divorce (whichever is later).
- Divorces on or after September 29, 1988: Eligible for one year from the divorce date.
If you do not meet either rule, TRICARE coverage typically ends immediately upon divorce, with a brief grace period for transition.
Children’s Eligibility After Divorce
Children’s eligibility is more straightforward. Biological and adopted children of the military sponsor remain eligible for TRICARE after divorce. The sponsor and eligible children have 90 days post-divorce to change their TRICARE health plan if needed. According to Mark Ellis, chief of the TRICARE Health Plan, “After a divorce, the sponsor and both the sponsor’s biological and the sponsor’s adopted children remain eligible for TRICARE.”
For more information, see the TRICARE Children’s Eligibility page.
Losing TRICARE Eligibility: What to Watch For
Former spouses can lose TRICARE eligibility if they:
- Remarry (even if the new marriage ends in divorce or death).
- Obtain employer-sponsored health coverage.
- Were married to a NATO or Partners for Peace nation member.
It’s crucial to understand these triggers to avoid unexpected loss of coverage.
Recent Policy Changes and Regional Updates
As of January 1, 2025, TRICARE implemented new contracts affecting beneficiaries in the United States. While these changes do not impact those with TRICARE For Life or the US Family Health Plan, they may affect payment processing and plan administration — especially in the West Region, where TriWest is now the contractor. If you’re in Georgia, confirm your region and update payment information as needed. For the latest updates, consult the official TRICARE news.
Practical Steps to Protect Your TRICARE Coverage
1. Verify Your Eligibility in DEERS: The Defense Enrollment Eligibility Reporting System (DEERS) is the authoritative source for TRICARE eligibility. Contact the DMDC/DEERS Support Office at 800-538-9552 to confirm your status and update records after divorce.
2. Act Quickly After Divorce: You have a 90-day window post-divorce to change TRICARE health plans for yourself and your children. Missing this window can limit your options.
3. Document Overlap Periods: Keep detailed records of marriage dates and your spouse’s military service to prove eligibility under the 20/20/20 or 20/20/15 rules.
4. Plan for Coverage Transitions: If you only qualify for temporary TRICARE coverage, begin researching alternative health insurance options early to avoid gaps.
5. Consult a Family Law Attorney: Military divorces involve unique legal and procedural challenges. Our attorneys at Hobson & Hobson, P.C. can help you:
- Calculate overlap periods for TRICARE eligibility.
- Ensure all documentation is accurate and complete.
- Incorporate health care considerations into your divorce settlement.
- Navigate the DEERS system and ensure timely plan changes.
- Explore alternative health insurance options if needed.
Why Choose Hobson & Hobson, P.C. for Military Divorce?
With over 30 years of combined experience, our team is uniquely equipped to handle the complexities of military divorce, including TRICARE and other military benefits. We combine special litigation training with a client-centric, innovative approach — leveraging technology for efficient, transparent case management.
Our five convenient office locations throughout Atlanta, Canton, Marietta, Alpharetta, Milton, Roswell, and Duluth ensure that you have access to support wherever you are. We strive for amicable resolutions but are prepared to litigate aggressively to protect your interests.
Learn more about our services at Hobson & Hobson, P.C..
Frequently Asked Questions About TRICARE After Divorce
How long can I keep TRICARE after divorce?
If you qualify under the 20/20/20 rule, you may retain TRICARE indefinitely unless you remarry or obtain employer-sponsored coverage. Under the 20/20/15 rule, coverage lasts for one year post-divorce.
What happens to my children’s TRICARE coverage after divorce?
Children remain eligible for TRICARE as long as they are biological or adopted children of the military sponsor. You have 90 days to update or change their health plan.
Can I keep TRICARE if I remarry?
No. Remarriage terminates your TRICARE eligibility, even if the new marriage ends.
What should I do immediately after my divorce is finalized?
Contact DEERS to update your status, review your eligibility, and make any necessary changes to your TRICARE plan within 90 days.
How can a family law attorney help with TRICARE issues?
An experienced attorney can help you document eligibility, ensure proper settlement terms, and guide you through the DEERS and TRICARE processes to protect your health coverage.
Additional Resources
- TRICARE Former Spouses
- TRICARE Children’s Eligibility
- TRICARE News & Updates
- Military OneSource: Divorce & Separation
- Hobson & Hobson, P.C.
At Hobson & Hobson, P.C., we are dedicated to helping you make the best legal decisions during challenging times. If you have questions about TRICARE after divorce or need guidance on any aspect of military divorce, contact us for a confidential consultation. Let us help you protect your rights, your children, and your future.
Attorney Sarah Hobson at Hobson and Hobson, P.C. are powerful advocates for those who fight for better futures for those going through divorce and custody law matters.