20-Year Rule: Will You Keep TRICARE After Military Divorce?"
- Claire Jaramillo
- Jul 14
- 5 min read
Military divorce brings enough uncertainty without wondering whether you'll lose your family's health insurance. If you're facing divorce as a military spouse, understanding TRICARE's 20-year rule could mean the difference between keeping comprehensive healthcare coverage and scrambling to find expensive civilian alternatives.
The TRICARE 20-Year Rule Explained
The rule that determines whether you keep TRICARE after divorce is actually called the "20/20/20 rule," and it's unforgiving. You must meet ALL THREE requirements to maintain TRICARE benefits:
You were married to the service member for 20 or more years
The service member performed 20 or more years of creditable military service
There was a 20-year overlap between the marriage and military service
If any one of these conditions isn't met, you lose TRICARE when your divorce is finalized.
Real Examples: Who Keeps TRICARE and Who Doesn't
Sarah's Story - Keeps TRICARE:
Married: 22 years
Spouse's military service: 25 years
Overlap: 22 years (entire marriage during service)
Result: Sarah retains TRICARE benefits after divorce
Jennifer's Story - Loses TRICARE:
Married: 18 years
Spouse's military service: 22 years
Overlap: 18 years
Result: Jennifer loses TRICARE despite spouse's long service record
Mark's Story - Loses TRICARE:
Married: 25 years
Spouse's military service: 18 years (joined military 7 years into marriage)
Overlap: 18 years
Result: Mark loses TRICARE despite 25-year marriage
The Harsh Reality: Most Military Spouses Don't Qualify
Statistics show that the majority of divorcing military spouses don't meet the 20/20/20 requirements. This is especially true for:
Younger military families (married less than 20 years)
Spouses who married before military service began
Families affected by early military separation or medical retirement
What Happens If You Don't Qualify?
When Your TRICARE Ends: Your TRICARE coverage continues until your divorce decree is final, but ends immediately upon finalization. There's no grace period, no COBRA-style continuation, and no exceptions.
Your Children's Coverage: Children's TRICARE eligibility depends on the service member's continued eligibility and custody arrangements. If the service member retains custody, children may continue on TRICARE. If you have custody, you'll need separate coverage for them.
Your Options After Losing TRICARE:
Option 1: Virginia Insurance Marketplace
Guaranteed coverage regardless of health conditions
Possible premium subsidies based on income
Comprehensive essential health benefits required
Special enrollment period available due to divorce
Option 2: Private Health Insurance
More plan options than marketplace
Potentially lower costs than marketplace plans
May require medical underwriting
Access to plans not available through government exchanges
Option 3: COBRA (If Applicable)
Available only if your ex-spouse has civilian employer coverage
Expensive but immediate coverage
Temporary solution (18-36 months maximum)
Option 4: Short-Term Coverage
Lower cost temporary solution
Limited benefits and exclusions
Suitable for healthy individuals needing bridge coverage
Common Misconceptions About the 20-Year Rule
Myth 1: "If my spouse served 20 years, I automatically keep TRICARE" Truth: All three conditions must be met, including 20 years of marriage overlap
Myth 2: "I can keep TRICARE if I don't remarry" Truth: The 20/20/20 rule determines initial eligibility; remarriage is a separate disqualifier
Myth 3: "My children will definitely keep TRICARE" Truth: Children's eligibility depends on custody and the service member's continued eligibility
Myth 4: "I can appeal the decision" Truth: The 20/20/20 rule is absolute; there are no appeals or exceptions
Virginia-Specific Considerations for Military Divorce
Large Military Population: Virginia hosts major military installations including Norfolk Naval Base, Langley Air Force Base, and Fort Belvoir. This means:
Strong network of divorce attorneys familiar with military issues
Healthcare providers experienced with TRICARE transitions
Support services for military families in transition
Healthcare Networks: Virginia's civilian healthcare options are robust:
Sentara Healthcare: Comprehensive network throughout Hampton Roads
Bon Secours: Strong presence in Norfolk and Richmond areas
VCU Health: Academic medical center with specialized services
Planning Timeline for Military Divorce
6-12 Months Before Expected Divorce:
Understand whether you meet the 20/20/20 requirements
Begin researching civilian insurance options
Consult with military divorce attorney about timeline
Start building emergency fund for health insurance costs
3-6 Months Before Divorce:
Get quotes from multiple insurance sources
Verify your doctors accept civilian insurance plans
Understand prescription drug coverage differences
Plan for children's healthcare continuity
1-3 Months Before Divorce:
Select and apply for new insurance coverage
Coordinate effective dates to avoid coverage gaps
Transfer medical records if changing providers
Set up new payment systems for premiums
After Divorce Finalization:
Confirm new coverage is active
Update all healthcare providers about insurance changes
Test new insurance at pharmacy and doctor's office
Keep documentation of all transitions
The Financial Impact of Losing TRICARE
Current TRICARE Costs:
TRICARE Prime: $0 monthly premium for active duty families
TRICARE Select: Minimal monthly premiums and low cost-sharing
Civilian Insurance Costs:
Individual coverage: $300-600 monthly
Family coverage: $800-1,500 monthly
Higher deductibles and out-of-pocket costs
Prescription drugs often more expensive
Annual Cost Difference: Families losing TRICARE often face $8,000-18,000 in additional annual healthcare costs.
Protecting Yourself Financially
Build an Emergency Health Fund: Start saving immediately for potential health insurance costs. Aim for at least six months of estimated premiums plus expected deductibles.
Understand Divorce Settlement Implications:
Negotiate spousal support that considers health insurance costs
Include specific language about children's health insurance responsibilities
Consider lump-sum settlements to cover insurance transition costs
Maximize Available Tax Benefits: If you become self-employed or start a business, you may qualify for health insurance tax deductions that can offset some costs.
Getting Professional Help
Military Divorce Attorney: Essential for understanding your specific timeline and ensuring divorce decree addresses health insurance responsibilities.
Independent Insurance Advisor: Can show you all available options, not just marketplace plans, and help coordinate timing to avoid coverage gaps.
Financial Planner: Can help you understand the long-term financial impact and plan accordingly.
Red Flags to Watch For
Beware of these situations:
Attorneys who don't understand military-specific issues
Insurance agents who only sell marketplace plans
Waiting until the last minute to explore options
Assuming COBRA will be available (only if spouse has civilian employment)
Not verifying children's coverage continuation
Resources for Military Spouses in Virginia
Legal Assistance:
Base legal assistance offices (initial consultation)
Military divorce attorneys familiar with Virginia law
Virginia State Bar military family law specialists
Support Services:
Military Family Life Counselors (MFLC)
Military spouse support groups
Financial counseling services
Base family readiness groups
Insurance Resources:
Virginia Insurance Marketplace navigators
Independent insurance agents specializing in military transitions
TRICARE beneficiary counselors
The Bottom Line
The TRICARE 20-year rule is absolute and unforgiving. If you don't meet all three requirements, you will lose TRICARE benefits when your divorce is finalized. However, with proper planning and professional guidance, you can secure quality health coverage that protects your family during this transition.
The key is starting early, understanding all your options, and working with professionals who understand both military benefits and civilian insurance markets.
Don't Face This Transition Alone
As Virginia's trusted health insurance expert specializing in military family transitions, I've helped hundreds of military spouses navigate the loss of TRICARE benefits during divorce. I understand the stress you're facing and the urgency of your situation.
Unlike online brokers or agents who work for one company, I work with over 100 insurance carriers to find you the best possible coverage at the best possible price. I know Virginia's healthcare networks inside and out, and I can verify that your family's doctors and medications will be covered before you enroll.
My service is completely free to you, and I'll be here to answer questions throughout the year – not just during enrollment. I've helped military families secure coverage for as little as $400/month while maintaining access to quality healthcare providers.
Don't let the loss of TRICARE leave your family unprotected. Call me today at 757.632.7567 for a free, no-pressure consultation. Let's make sure your family's health coverage is secure during this difficult transition.
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