Key Takeaways
- Tricare after a military divorce in San Diego depends on the former spouse’s eligibility and factors such as the length of the marriage and military service.
- The 20/20/20 rule may allow some former military spouses to keep certain benefits after divorce if specific requirements are met.
- Eligible children generally continue to receive Tricare after their parents divorce.
What Happens to Tricare After a Military Divorce in San Diego?
Health insurance is often a major concern for military spouses going through divorce in San Diego. If you relied on your spouse’s military benefits during the marriage, you may be wondering whether that coverage will continue. Tricare after a military divorce depends on whether the former spouse continues to meet certain eligibility requirements. This may include:
- How long the marriage lasted
- How long the service member served
- How much of the marriage overlapped with military service
- Whether the former spouse remarries
What Is the 20/20/20 Rule?
The 20/20/20 rule is an important rule for former military spouses to understand. Generally, a former spouse may qualify for continued benefits if:
- The marriage lasted at least 20 years
- The service member completed at least 20 years of creditable service
- At least 20 years of the marriage overlapped with at least 20 years of creditable military service
If these requirements are met, a former military spouse may be able to retain certain military benefits, including Tricare, as long as all other eligibility requirements are satisfied.
For military families in San Diego, understanding the 20/20/20 rule before finalizing a divorce can help you plan for your health insurance and financial needs.
What If I Do Not Qualify Under the 20/20/20 Rule?
Not every military spouse will qualify for the 20/20/20 rule. If you do not qualify, you may still have other options for health coverage. For example, some former spouses may qualify for temporary coverage through the Continued Health Care Benefit Program (CHCBP). This is separate from regular Tricare and may involve premiums and other requirements.
Some military spouses may qualify under the 20/20/15 rule, which allows for one year of transitional Tricare coverage.
If you are concerned about Tricare after a military divorce, it could be worth exploring your coverage options before you finalize the divorce.
Do Children Get Tricare After Parents Get a Military Divorce?
A common question among military parents in San Diego is, “Do children get Tricare after parents get a military divorce?” Generally speaking, eligible children can continue receiving Tricare after their parents divorce because their eligibility is based on their status as military dependents. Their parents being divorced does not automatically end their coverage.
After a divorce, parents should make sure:
- The children remain properly enrolled as eligible dependents
- Their information is updated when necessary
- Both parents understand how medical expenses will be handled
- Any changes to the service member’s status are properly reported
If you are asking, “Do children get Tricare after parents get a military divorce?”, confirming their eligibility and enrollment can help prevent unnecessary issues with coverage.
What Happens to BAH After a Military Divorce?
Basic Allowance for Housing, or BAH, can also raise questions during a military divorce. BAH is generally based on factors such as the service member’s rank, duty location, and dependency status.
Divorce can change a service member’s dependency status and may affect their BAH. However, BAH is not usually divided between spouses as part of the divorce. A service member’s financial obligations to a former spouse or children may also need to be considered when addressing support.
What Other Military Benefits Can Change After Divorce?
Tricare and BAH are not the only benefits that may be affected by divorce. Depending on the circumstances, you may also need to consider:
- Commissary and exchange privileges
- Military identification cards
- Survivor Benefit Plan coverage
- Military retirement benefits or pensions
- Installation access
- Other dependent-related benefits
The impact of divorce can vary depending on the service member’s status and the former spouse’s eligibility.
How a San Diego Military Divorce Attorney Can Help
Military benefits can be an important part of your family’s financial security. Understanding what may change after a military divorce in San Diego can help you plan ahead and avoid any unexpected surprises.
If you have questions about Tricare after a military divorce, the 20/20/20 rule, BAH, or “Do children get Tricare after parents get a military divorce?”, our experienced San Diego military divorce and family law attorneys are here to help. We understand the unique challenges military families face and can help you navigate your divorce with a clear understanding of your rights and options. Contact Fair Cadora, APC today to schedule a consultation.
Education: J.D., Santa Clara University School of Law
Years of Experience: 17+ years of high level divorce experience
Lauren M. Fair
Managing Attorney at Fair Cadora
Lauren Fair is a Certified Family Law Specialist dedicated to resolving family law matters through mediation and other out-of-court solutions that reduce conflict while protecting clients’ rights and their children’s well-being.
She has extensive experience handling divorces involving high-net-worth estates, prenuptial agreements, military divorces, complex custody disputes, and international enforcement cases.
