Under 20/20/20 rule, will she lose her Tricare if she marries me?
March 30th, 2012 | TriCare Help | Posted by Military Times
You have said a former spouse must be married to the same uniformed service sponsor for at least 20 years during which the sponsor accrued military retirement credits. In other words, the sponsor’s active duty and the marriage must have overlapped by at least 20 years. But in another instance, you’ve also said that a spouse’s coverage is not affected by the death of the sponsor, and that the duration of the marriage is not a factor. I have been seeing a lady who is divorced from a military retiree and has Tricare for Life coverage under his name. I am also a military retiree with TFL. I have been told that if we married and I died before her, she already would have lost Tricare benefits through her ex-spouse, and also from me, since we would not have been married for 20 years. Can you advise?
The two situations you cite in your letter involve two distinct sets of circumstances. One situation involves a former spouse, the other involves a current spouse whose retiree sponsor dies.
The so-called “20/20/20 rule” comes into play in divorce cases involving military retirees. A former spouse may retain Tricare benefits after divorce if the marriage lasted 20 years, the military member served on active duty for at least 20 years, and the marriage and active-duty service overlapped for at least 20 years. A former spouse who meets those criteria may retain Tricare coverage for the rest of her life, under one significant condition: she does not remarry. If she remarries, she loses Tricare eligibility under her former husband’s sponsorship. Once lost, it can never be restored under the retiree sponsor’s name, even if the former spouse’s second marriage ends in divorce or death.
The other situation you cited involves a spouse whose military retiree sponsor dies before her. In this case, the 20-year rule does not apply, for the simple reason that they were not divorced. A spouse covered by Tricare whose retiree sponsor dies before her remains eligible for Tricare for the rest of her life, regardless of how long the marriage lasted — again, unless she remarries. If she does, she loses Tricare eligibility for good under that sponsor’s name.
How this applies to your specific situation: If you and your lady friend marry, she would indeed lose eligibility under her divorced husband’s Tricare for Life sponsorship. However, if you were to properly register her in the Defense Enrollment Eligibility Reporting System (DEERS) as your wife, she would then become eligible for Tricare for Life coverage under your sponsorship. If you die before her, but are still married at the time of your death, she would remain eligible for Tricare under your sponsorship. Regardless of how long you had been married, the 20-year rule would not apply if the marriage was still intact at the time of your death. But again, she would lose her coverage under your sponsorship if she were to remarry again.
If you and your lady friend do marry, your first step should be to contact the DEERS support office toll-free at 1-800-538-9552 to get started on registering her for Tricare coverage.
Am I eligible for TFL under late ex-husband’s sponsorship?
March 26th, 2012 | TriCare Help | Posted by Military Times
I am the ex-wife of a career airman who is now deceased. We were married in 1953 and divorced in 1974. He enlisted in the Air Force in early 1947 and retired in late 1971. He remarried after our divorce. I remained single for years, but also eventually remarried, in 2003. I am now on Medicare Parts A and B. Am I entitled to any Tricare for Life benefits, or any health care benefits at all?
To be eligible for Tricare as the former spouse of a military retiree, you must meet several criteria. First, you must have been married for at least 20 years. Second, at least 20 years of the marriage must have overlapped with the service member’s active-duty time. Your ex-husband’s service from 1947 to 1971 means even though you were married for more than 20 years total, only 18 of those years overlapped with his time on active duty.
However, even if your marriage had overlapped with at least 20 years of his active-duty career, you still wouldn’t qualify for Tricare benefits, for the simple reason that you remarried. Former military spouses who meet the 20-year criteria can access Tricare benefits only as long as they remain single. By remarrying, they forfeit all eligibility to Tricare health coverage. And once that happens, eligibility can never be restored, even if the former spouse’s second marriage ends in divorce or death.
How can soon-to-be-ex-wife be removed from DEERS?
March 19th, 2012 | TriCare Help | Posted by Military Times
My friend and his wife are legally separated, but she is not cooperating with divorce. How can he get her off his DEERS?
Tricare eligibility for spouses generally ends only when a divorce is final — and in some cases, it doesn’t end even then. If a service member serves at least 20 years in uniform, is married for at least 20 years, and the marriage and military service overlap for at least 20 years, a former spouse may retain Tricare eligibility after divorce, unless and until he or she remarries. This is known as the “20/20/20” rule.
The ultimate authority on eligibility questions such as yours is DEERS. I would suggest your friend call the DEERS support office toll-free at 1-800-538-9552 to see what his options are.
I know divorce ends eligibility, but what about death?
February 23rd, 2012 | TriCare Help | Posted by Military Times
I have read that Tricare for Life will end for a spouse who divorces a sponsor. My question, is will my wife still have her eligibility if we are still married and I pass away?
If your wife is eligible for Tricare at the time, your death will have no effect on her eligibility. Unless she remarries, she can continue to have Tricare coverage for the rest of her life.
Tricare after a divorce: Even lawyers should start with DEERS
February 1st, 2012 | TriCare Help | Posted by Military Times
I have a friend who is going through a divorce. He is retired from the Air Force, and in the divorce papers, his estranged wife is requiring that he keep her and her child (who is not his biological child) on Tricare for an additional year. Can she sue him if Tricare drops her?
As a lawyer friend of mine says, “Anybody can sue somebody for anything. Finding a lawyer willing to take the case, and/or winning the case, are entirely different matters.”
The legal requirements for Tricare eligibility are established by federal law. I cannot give legal advice, but I can suggest the best place to start an inquiry about the legal requirements for Tricare eligibility is by calling the DEERS Support Office, toll-free, at 1-800-538-9552.
DEERS cannot give legal advice, but it can advise inquirers about the provisions of federal law concerning Tricare eligibility. Even lawyers should begin any inquiries about Tricare eligibility at that office.
If I divorce wife, will she lose all Tricare coverage?
January 18th, 2012 | TriCare Help | Posted by Military Times
My dependent spouse had a massive stroke and presently lives in a nursing home. She has been approved for Medicaid with Tricare being primary and Medicaid as secondary. We have been married for over 20 years and I have over 18 years active duty. If I file for a divorce and it is granted, are there any Tricare benefits she would be eligible for, or would she be dropped from Tricare altogether?
The requirements for Tricare eligibility are established by federal law and regulation. The information in your letter appears to indicate that your wife will lose all her Tricare eligibility immediately on the date the divorce is final.
To retain Tricare eligibility following divorce, a former spouse must have been married to the same uniformed service sponsor for at least 20 years during which time the sponsor earned retirement credits. That is, the sponsor’s active duty service and the marriage must have been concurrent for at least 20 years. Your letter does not report that.
For an official response to your question about your wife’s Tricare eligibility following divorce, please contact the DEERS Support Office, toll-free, at 1-800-538-9552.
Can mom born in Korea keep Tricare after divorce?
January 4th, 2012 | TriCare Help | Posted by Military Times
My parents are getting divorced after 26 years, 16 of which my dad was on active duty. They married in Korea; my mom is a Korean native but now has her American citizenship. My dad now receives a pension from his 20 years in the military. Will my mother still be able to use Tricare after the divorce?
Your mother’s nationality, place of birth, or country of her legal citizenship have no bearing on her Tricare eligibility. To be eligible for Tricare after a divorce is final, the former spouse had to have been married to the same uniformed service member for at least 20 years during which time the military sponsor accrued credits counting toward retirement. That is, at least 20 years of the marriage must have been at the same time as 20 years of the military member’s active duty service.
To confirm the above, and to receive official answers to all your questions about your mother’s Tricare eligibility after her divorce from your father, please call the DEERS Support Office, toll-free, at 1-800-538-9552.
Will I lose Tricare after my divorce?
December 16th, 2011 | TriCare Help | Posted by Military Times
My husband is retired from the Navy. After being married for 26 years, he has decided he wants to divorce me. We were married 16 of the years he was active duty. Will I lose my Tricare when we divorce? I have lots of medical problems and I don’t know what I would do without medical coverage.
For a former spouse to retain Tricare eligibility following divorce, the marriage must have endured for a period of at least 20 years during which the uniformed service sponsor was on active duty.
As determined from the information in your letter, I believe you will lose your Tricare eligibility on the day your divorce is final.
Please confirm the above and get official information regarding your personal situation by calling the DEERS Support Office at 1-800-538-9552. DEERS is a federal agency under the auspices of the Defense Department.
There is a commercial health insurance policy available that provides coverage similar to that of Tricare Standard for short-term periods. It is called the Continuing Health Care Benefit Program.
I regret that I cannot give you better news.
What if estranged husband tries to stop us from getting ID cards?
November 30th, 2011 | TriCare Help | Posted by Military Times
My estranged husband of 26 years is retired Army and has been extremely hostile since I left our abusive relationship. In the two and a half years we have been separated, he has disobeyed every court order issued for child support and disclosure of income and assets. Now my daughter and I need new military ID cards, which we need to prove our coverage under Tricare — our only health insurance. Although I have been told that a hostile spouse cannot terminate Tricare while we are married, he will undoubtedly refuse to process the paperwork necessary for the new ID cards. How can I get the new ID cards without his cooperation?
Once you divorce your husband, your and your daughter’s Tricare eligibility will be separate issues.
Your daughter is automatically eligible for Tricare because her father is a retired uniformed service member. To use Tricare, she must be registered in DEERS and be issued her ID card. Only the uniformed services or the Defense Department can do either of those things for her. Her father’s permission, approval, or assistance, however, are not required.
You may need official help to register her in DEERS and to get her ID card if her father will not cooperate. All you need to do is call the DEERS Support Office, toll-free, at 1-800-538-9552. DEERS deals with eligibility issues only.
Your letter implies that you will still be eligible for Tricare after your divorce because of the 26-year duration of your marriage. DEERS can help you with that, too. If you meet the requirements as a former spouse, you are legally eligible for Tricare, and DEERS will help you get registered and get a proper ID card.
Your former husband does not have the power or the authority to prevent you from using Tricare. He cannot control your access to care and has no rights to know whether you file Tricare claims or anything about your medical care. That is all confidential.
However, the court may grant your former husband the right to information about his daughter’s claims and medical care. That is something to discuss with your attorney if you have one.
Does ex-wife lose eligibility if husband dies?
November 22nd, 2011 | TriCare Help | Posted by Military Times
If a woman divorced from a retired military member is now enrolled in Tricare under the 20-20-20 rule, does she remain eligible for Tricare if the sponsor dies?
Even if the sponsor dies, the former spouse’s Tricare eligibility will continue. The only thing that will end eligibility is if the former spouse remarries. You can confirm this by calling the DEERS at 1-800-538-9552.