Military Divorce and Healthcare Benefits

By: Christina M. Fulton, Esquire, Associate of Musulin Law Firm, LLC

January 10, 2012

Individuals going through a divorce from a military spouse often raise concerns about the

loss of healthcare benefits previously received through the military. There is extensive law

governing military family relations, including federal statutes and Department of Defense

regulations. These laws include various healthcare programs for former military spouses postdivorce,

including Tricare and the Continued Health Care Benefit Program, or "CHCBP."

Tricare offers free or affordable comprehensive healthcare coverage for former military

spouses who qualify. In addition to having access to military treatment facilities, uniformed

healthcare providers and a select group of civilian healthcare providers, those who qualify for

coverage under Tricare may also have flexibility in selecting providers for a higher co-pay or

deductible. Eligibility for Tricare coverage post-divorce is determined based upon the number

years of marriage which overlap with the service member's years of service according to the

definitions stated in United States Code,1 as well as a requirement that the former spouse has not

remarried or enrolled in a healthcare program provided by an employer.

A former military spouse who does not meet the requirements for Tricare may still have

the option of coverage through CHCBP. Beneficiaries under CHCBP have access to the Tricare

network of civilian healthcare providers, hospitals and pharmacy program.