An association with a member of the military in Illinois brings with it a number of unique benefits. Chief among these is access to healthcare coverage through TRICARE. Thus, one can understand your concern about losing such a benefit if and when you choose to divorce your servicemember spouse.
Many of our past clients here at Denis M. Gravel & Associates P.C. came to us with similar fears. Just as they were, you will likely find relief in hearing that you can retain TRICARE coverage following your divorce.
Coverage for both you and your kids
First and foremost, you need not have concern about your kids losing their coverage. As long as they are also the children of your servicemember ex-spouse, they remain covered up until they reach the age of majority (they might even extend that coverage further if they attend college). As for yourself, you remain eligible for continued coverage provided you meet the parameters of the 20/20/20 rule.
According to TRICARE’s website, this rule requires that following:
- That your marriage to your servicemember spouse lasted at least 20 years
- That your servicemember spouse acquires at least 20 years of creditable service towards retirement benefits
- That your marriage overlapped at least 20 of those years
If you meet the criteria, you remain covered by TRICARE until you either remarry or secure healthcare coverage on your own.
The 20/20/15 rule
What is you do not meet the criteria mandated by the 20/20/20 rule? Not to worry; if your marriage overlapped at least 15 years of your servicemember ex-spouse’s creditable service, than you can retain your TRICARE coverage for up to one year following your divorce.
You can find more information on continued access to military benefits following divorce by further browsing through our site.