Can I keep my ex-wife on my TRICARE insurance?
Asked by: Miss Jalyn Kilback V | Last update: February 3, 2026Score: 5/5 (37 votes)
A spouse generally loses TRICARE after divorce, but can keep it if they meet the 20/20/20 Rule: married 20 years, service member served 20 years, and the marriage and service overlapped for 20 years, plus the ex-spouse must remain unmarried and not have other coverage. If they meet the less common 20/20/15 Rule, they get temporary coverage for up to one year. Otherwise, eligibility ends on the divorce date, with options like CHCBP or the Health Insurance Marketplace for new coverage.
How long does a spouse keep TRICARE after divorce?
Generally, you remain eligible for TRICARE until the divorce is finalized, since you are still legally married. Once the court issues the divorce decree, eligibility for coverage typically ends unless you qualify under certain exceptions. Asking this question early helps you prepare for any transition in healthcare.
Can I keep my ex-wife on my health insurance after divorce?
How Long is COBRA Coverage Available Once Divorce is Final? The Consolidated Omnibus Budget Reconciliation Act (COBRA) allows you to temporarily continue coverage under your former spouse's employer-sponsored plan for up to 36 months.
Are ex-spouses entitled to military benefits?
After a military divorce, a former spouse's benefits, like health care and commissary access, depend on meeting the 20/20/20 Rule (20-year marriage, 20-year service, 20-year overlap) for full benefits, or the 20/20/15 Rule for limited, temporary benefits (one year of health/PX/commissary), with other spouses potentially buying into the CHCBP program. Military retirement pay can be divided via court order, but disability pay is generally protected, though a former spouse may receive up to 50% of disposable retirement pay. Other benefits like Thrift Savings Plan (TSP) funds and housing privileges also have specific rules.
Can you remove a spouse from TRICARE?
Yes. The sponsor and eligible children have 90 days after a divorce or annulment to change your TRICARE health plan. Are you getting a divorce or an annulment?
TRICARE QLEs: Getting Divorced - Options for Former Spouses
Can a divorced military spouse stay on health insurance?
Former spouses may be entitled to TRICARE medical coverage if they meet certain requirements: The service member performed at least 20 years of creditable service. The marriage lasted at least 20 years. The period of the marriage overlapped the period of service by at least 15 years.
How do I remove my ex wife from DEERS?
A: You may add or remove family members to your DEERS record at the nearest military ID card issuing facility. To determine what documentation you will need to take with you, such as a Birth Certificate, Marriage Certificate, or Divorce Decree, please read the DoD List of Acceptable Identity Documents.
Does my ex-wife still get my military retirement if she remarries?
A former spouse who remarries before age 55 loses SBP eligibility; however, if the re-marriage ends in death, divorce, or annulment, eligibility is reinstated. A former spouse who remarries after age 55 does not lose eligibility.
Can you still have USAA after divorce?
Additionally, if a USAA member and their spouse divorce, the former spouse will lose their eligibility unless they were already a member.
How long does my ex-wife get half of my military retirement?
10/10/10 Rule
The Defense Finance and Accounting Service (DFAS) office pays the former spouse a share of the military retirement pay if at least 10 years of a couple's marriage overlapped 10 years of "credible military service".
Can a man keep his ex-wife on his health insurance?
This means that you can get continuation coverage for up to 36 months (three years) following your divorce. You can expect to be charged for this coverage, but the employer cannot charge you more than 102 percent of the premium for its employees.
What money can't be touched in a divorce?
Money that can't be touched in a divorce is typically separate property, including assets owned before marriage, inheritances, and gifts, but it must be kept separate from marital funds to avoid becoming divisible; commingling (mixing) these funds with joint accounts, or using inheritance to pay marital debt, can make them vulnerable to division. Prenuptial agreements or clear documentation are key to protecting these untouchable assets, as courts generally divide marital property acquired during the marriage.
Why is moving out the biggest mistake in a divorce?
Moving out during a divorce is often called a mistake because it can harm your financial standing (paying two households), weaken your position in child custody (appearing less involved), and complicate asset division by creating an "abandonment" perception, making courts favor the spouse who stayed, though it's not always a mistake, especially in cases of domestic violence where safety is paramount. Staying in the home, even in separate rooms, preserves the status quo, keeps you present for kids, and maintains your connection to the property until formal agreements are made.
What is the 10 year rule in military divorce?
If the former spouse was married to the service member for at least 10 years of the member's creditable military service, the 10/10 rule applies. It allows the former spouse to be paid directly from DFAS. Direct payment does not happen automatically.
How to notify TRICARE of divorce?
To report your divorce: Visit a local ID card office with a copy of your divorce decree; Fax a copy of your divorce decree to 1-831-655-8317; or.
What is the former spouses protection act?
The Uniformed Services Former Spouses Protection Act (USFSPA) is a law Congress enacted in 1982 to provide benefits to certain former spouses of military members. Among other provisions, it allows state courts to divide disposable military retired pay as marital property upon divorce under certain circumstances.
What are divorced military spouses entitled to?
Military spouses have specific rights in divorce under federal law, primarily through the Uniformed Services Former Spouse Protection Act (USFSPA), which allows states to divide military retirement pay and grants benefits like healthcare (TRICARE), commissary, and exchange access under the 20/20/20 rule (20-year marriage, 20 years service, 20-year overlap) or the 20/20/15 rule for reduced benefits. While state courts handle the divorce itself, federal law dictates these key entitlements, which often include a portion of disposable military retired pay and continued access to MWR/medical facilities if criteria are met, though benefits cease if the former spouse remarries.
Who loses more financially in a divorce?
Statistically, women generally lose more financially in a divorce, experiencing sharper drops in household income, higher poverty risk, and increased struggles with housing and childcare, often due to historical gender pay gaps and taking on more childcare roles; however, the financially dependent spouse (often the lower-earning partner) bears the biggest burden, regardless of gender, facing challenges rebuilding independence after career breaks, while men also see a significant drop in living standards, but usually recover better.
Why does USAA have an F rating?
USAA has received an F rating from the Better Business Bureau primarily due to unresolved customer complaints, regulatory issues with its banking arm, and issues with complaint resolution, with regulators citing compliance failures, weak earnings diversity, and poor risk management, though S&P noted strong performance in their core property/casualty insurance. The BBB's "F" stems from significant unresolved complaints and actions like a large Consumer Financial Protection Bureau settlement and <$15 million fine for mishandling checking accounts, showing deeper operational and compliance problems.
Can an ex-wife get TRICARE?
In a divorce, the former spouse will lose eligibility for TRICARE unless they meet specific requirements for former spouses. If a surviving spouse, widow, or eligible former spouse remarries, they'll lose eligibility for TRICARE. They can retain TRICARE if they marry another uniformed service member.
Can my wife take my VA benefits in a divorce?
No. Federal law – specifically, the Uniformed Services Former Spouses' Protection Act, found at 10 U.S.C. §1408 – exempts VA disability payments from division upon divorce. It is not an asset which can be divided at divorce as marital or community property.
Can I get benefits if my ex husband is a veteran?
When Is An Ex-spouse Eligible to Claim Veterans Benefits? To be eligible for health benefits, an ex-spouse must have been married to the veteran for at least 20 years and have at least 20 years of active service. Further, the term of the veteran's service must have overlapped the marriage by at least 20 years.
What not to do during separation?
When separated, you should not rush big decisions, badmouth your spouse (especially to kids or on social media), involve children in the conflict, move out of the family home without cause, make financial promises without legal advice, or let emotions dictate impulsive actions like excessive spending or dating too soon, focusing instead on maintaining civility and protecting finances and children.
Can I force my ex-wife to get rid of my last name?
After a divorce, you cannot legally force your ex-spouse to change back to their maiden name. They have a right to keep whatever name change they chose in marriage, whether that's your last name or a hyphenated last name.
What happens when you get divorced after 10 years?
If a couple has been married for more than 10 years when they are divorced, an individual who reaches retirement age can receive a portion of Social Security benefits based on their ex-spouse's earnings, assuming that individual has not remarried.