Pregnant and divorcing – what happens to my coverage?
July 16th, 2010 | TriCare Help | Posted by Military Times
Q. I am a military spouse and 10 weeks pregnant.I have a 10 months old baby also. My husband and I are going through the divorce. He’s been trying to push me to have an abortion. He says if I don’t have one, he will make things difficult for me. He is rushing to make the divorce final. If the divorce is finalized before the baby is born, what will happen to my Tricare coverage?
If you are divorced from your husband, you will automatically lose your Tricare eligibility at midnight on the day the divorce is final — even if you are pregnant. Your husband’s children, however, will be eligible for Tricare until they get married or turn 21 years old.
Your husband cannot affect his children’s rights to Tricare. Those rights are provided and protected by federal law.
For you to keep your eligibility after the divorce, the law requires that you must have been married to the man for at least 20 years while he was on active duty. I don’t think you meet that requirement.
Your husband has no control over your Tricare eligibility or other military benefits. You cannot lose them for as long as you are married to him. That is a matter of federal law.
You have rights under state law, but you may need a lawyer to help you get them.
You need a lawyer to look out for your rights in this matter. Contact your city’s Legal Aid Society (check your phone book, Yellow Pages, under attorneys or lawyers) for help in finding a lawyer who will handle your case free or for a reduced fee. Be sure to tell them of the threats.
Note that your husband’s lawyer, if he has one, is not your friend. He works only for his client’s benefit – your husband. Never yours.
Every military base has a Legal Office. It provides many kinds of free legal assistance for military members and their families. It is called the Judge Advocate General, or JAG for short. The base telephone operator can connect you or tell you the phone number.
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