Military Health Benefits Guide
3 Key Facts About TRICARE Benefits After Military Divorce
Understanding the 20/20/20 Rule, 20/20/15 Rule, and CHCBP Continuation
Health Coverage Is One of the Most Important Divorce Issues
For military spouses, losing health insurance after divorce creates immediate and serious consequences. Unlike civilian divorces where COBRA provides temporary continuation, military divorces operate under entirely federal rules. Understanding whether you qualify for ongoing TRICARE coverage, transitional benefits, or private continuation programs determines your healthcare options for years to come.
At Hayat Family Law, we help clients in Fairfield and Lancaster understand these federal benefit rules. The eligibility tests are strict and unforgiving. Missing a deadline or misunderstanding the overlap requirements can leave you without coverage when you need it most.
Fact 1: The 20/20/20 Rule Grants Full Benefits
A former spouse retains full TRICARE eligibility, commissary privileges, and exchange access if three conditions are met: the marriage lasted at least 20 years, the service member performed at least 20 years of creditable service, and at least 20 years of the marriage overlapped with military service. The former spouse must remain unmarried and not be covered by an employer sponsored health plan.
Fact 2: The 20/20/15 Rule Provides One Year Transitional Care
If the marriage lasted 20 years and the service member served 20 years, but only 15 to 19 years overlapped, the former spouse qualifies for one year of transitional TRICARE coverage after divorce. This limited benefit does not include commissary or exchange privileges. After the one year period expires, the former spouse must seek other coverage.
Fact 3: CHCBP Fills the Gap for Non Qualifying Spouses
Former spouses who do not meet the 20/20/20 or 20/20/15 rules may purchase coverage through the Continued Health Care Benefit Program. CHCBP provides benefits similar to TRICARE Select for up to 36 months. Enrollment must occur within 60 days of losing TRICARE eligibility, and premiums are paid entirely by the former spouse.
| Benefit | 20/20/20 Rule | 20/20/15 Rule | Neither Rule Met |
|---|---|---|---|
| TRICARE | Unlimited if unmarried | One year only | None; CHCBP available |
| Commissary | Yes | No | No |
| Exchange | Yes | No | No |
| MWR Programs | Yes | No | No |
Secure Your Health Benefits After Divorce
TRICARE rules are complex and deadlines are strict. Get accurate guidance before your divorce is final.
Contact Hayat Family Law
Santa Monica Office
100 Wilshire Boulevard, Suite 700 D
Santa Monica, CA 90401
Phone: 310 917 1044
Sherman Oaks Office
15303 Ventura Blvd, 9th Floor
Sherman Oaks, CA 91403
Phone: 818 380 3039
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.
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