If you find yourself in the situation of getting a divorce in Washington as a spouse of a service member or veteran, you may have concerns about retaining your access to TRICARE benefits. TRICARE, a health insurance coverage program provided by the Department of Defense (DoD) to military service members, their families, and retirees, plays a vital role in ensuring healthcare needs are met. In this article, we will explore the factors that determine your eligibility for TRICARE benefits after divorce and what options you may have in preserving your coverage.
The Complexity of TRICARE Benefits and Divorce
Navigating the impact of divorce on TRICARE benefits can be a complex matter. With multiple health plan options available, such as Prime, Select, Young Adult, and Reserve Select, eligibility criteria and beneficiary status become crucial considerations. The divorce of a military service member requires a closer examination of the implications it may have on their spouse’s or former spouse’s TRICARE benefits.
The Intricacies of the 20/20/20 Rule
Federal law outlines specific conditions that, if met, allow a former spouse of a military service member to retain TRICARE benefits. Central to these conditions is the 20/20/20 rule. This rule states that a former spouse may maintain TRICARE coverage if:
- The service member has accumulated a minimum of 20 years of creditable service for retirement pay computation.
- The former spouse was married to the service member for at least 20 years.
- The marriage overlapped with the service member’s 20 years of creditable service.
Fulfilling these requirements grants eligibility for TRICARE coverage under the provisions of the Service Members Civil Relief Act (SCRA), regardless of divorce agreement terms.
The Complexities of the 20/20/15 Rule
In cases where the former spouse does not satisfy the 20/20/20 rule, there is still the possibility of temporary TRICARE coverage through the 20/20/15 rule. This rule offers a one-year window of TRICARE benefits from the date of divorce if:
- The service member has accumulated a minimum of 20 years of creditable service for retirement pay computation.
- The former spouse was married to the service member for at least 20 years.
- The marriage overlapped with at least 15 years of the service member’s creditable service.
However, under the 20/20/15 rule, the former spouse may be eligible to continue TRICARE coverage for up to 36 months through the Continued Health Care Benefit Program (CHCBP). It is important to note that the former spouse would be responsible for the costs associated with this coverage.
Additional Factors to Consider
It is essential to understand that TRICARE benefits are not automatically granted to former spouses during a divorce. The service member must take action by enrolling their dependents in the TRICARE program within 90 days of the divorce. Failure to do so may result in the former spouse losing eligibility for TRICARE coverage.
Additionally, it is the responsibility of the former spouse to inform the Defense Finance and Accounting Service (DFAS) of any changes in their eligibility status. This includes changes such as remarriage or obtaining employer-sponsored health insurance coverage.
In Conclusion
When going through a divorce in Washington and concerns arise regarding TRICARE benefits, it is of utmost importance to familiarize yourself with the eligibility criteria and rules that govern former spouse coverage. Depending on your unique circumstances, you may still be eligible for TRICARE coverage under certain conditions. Engaging both your attorney and a knowledgeable TRICARE representative will provide essential guidance and support to navigate this complex landscape successfully.