Can my husband take away my Tricare?
July 13th, 2010 | TriCare Help | Posted by Military Times
Q. I was wondering if my husband, who I am separated from but have not filed divorce yet, can remove me from Tricare Prime just for spite. I have proof that I have paid all the quarterly payments for several years, not to mention I just paid yesterday another $115 quarterly payment for him, me and our two children. Losing my benefits would devastate me right now because I don’t work enough hours per week to qualify for employer health insurance.
Your right to Tricare is granted to you by federal law. Your husband has no control over it.
Defense Department lawyers have said that, by federal law, Tricare benefits flow directly to the beneficiary. The military sponsor’s permission or approval is not required for an eligible family member to gain access to, and use, his or her Tricare benefits.
Other rules may affect the privacy rights of natural or adopted children of the sponsor. That may be a matter for your attorney to handle.
In general, the sponsor does not have the right to information about an adult beneficiary’s use of the program. It is protected by the Privacy Act. Without proper authorization, Tricare will tell the sponsor nothing about the spouse’s claims, or even whether claims have been filed.
In the event of a divorce in most cases, the former spouse immediately loses all rights to Tricare at midnight of the day the divorce is final. There is one exception. That is if the former spouse was married to the same military sponsor for at least 20 years during which time the sponsor accumulated credits toward his or her retirement. Contact DEERS for details (see below).
Natural children, or children of the former spouse whom the sponsor legally adopted, are eligible for Tricare until they marry or reach age 21. Legally adopted children have the same rights as natural children. The military sponsor is responsible for maintaining their DEERS registration and military identification card current and correct. A divorce will have no effect on their Tricare eligibility.
Unadopted stepchildren, however, will lose Tricare eligibility at the same time as their civilian parent.
For confirmation and clarification of this information and for answers to any other questions concerning your eligibility for military benefits, please contact the DEERS Support Office, toll-free, at 1-800-538-9552.
Tags: dependent, divorce, spouse, Tricare Prime
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