How is dependent Tricare coverage determined when going through a divorce?

SPC Joseph Casares — Fri, 06 Apr 2018 12:29:07 -0400

My wife wants a divorce we have 3 kids I am on military disability in order for my kids to keep tricare what percent of custody does my need in order for my kids to still be covered? My wife is stating she has to have 51% I have raised and taken carr of our kids for the past 6 years by my self damn near. (Needless to say they are my world) she is a E1 with no car no family care after the divorce.

Response by SPC David Willis made Apr 6 at 2018 1:02 PM

SPC David Willis — Fri, 06 Apr 2018 13:02:07 -0400

I tried a quick google search and couldn't find anything. I would recommend that if 51% is the number and you agree to that you also get something in the contract that if she leaves the service and no longer has Tri-care custody will be re examined automatically or revert to 50/50 or whatever it would be if Tri-care wasn't an issue.

Response by SFC Kelly Fuerhoff made Apr 6 at 2018 1:23 PM

SFC Kelly Fuerhoff — Fri, 06 Apr 2018 13:23:18 -0400

I found this: https://tricare.mil/LifeEvents/Divorce/Custody

https://www.militarytimes.com/pay-benefits/military-benefits/health-care/2015/10/25/tricare-help-physical-custody-and-child-coverage/
I can't find a amount of shared custody for her to keep the kids on TRICARE.

I would talk to JAG and ask if they know any or look for any civilian lawyers who handle military family law.

If she doesn't have a FCP once she's divorced and can't come up with one, she's not going to be able to stay in.

Getting Divorced - Custody Scenarios | TRICARE

Your child can only have one sponsor. When both parents are service members, you must decide together which will be the sponsor of your child’s benefits. If you can’t agree, visit an ID card office for help with how to decide. The ID card office can also update your child’s records.

Response by SPC Joseph Casares made Apr 6 at 2018 2:05 PM

SPC Joseph Casares — Fri, 06 Apr 2018 14:05:32 -0400

I have contacted jag waiting on a consult b4 we file I'm just trying to mentally prepare for the best and worst case sinario

Response by SFC Kelly Fuerhoff made Apr 6 at 2018 8:49 PM

SFC Kelly Fuerhoff — Fri, 06 Apr 2018 20:49:36 -0400

I found this: https://www.military.com/spouse/military-benefits/questions-benefits-getting-divorced-what-military-benefits-kids.html

"When your husband (or you, if you still have the current power of attorney) apply for their ID cards, you will fill out a "remarks" section and note whether the service member is providing more than 50 percent of child support. Whether he is providing more than 50 percent changes which benefits the children can receive."

I really feel like with TRICARE the kids can stay on her TRICARE after the divorce regardless of how much custody based on some forums I read. I found one where someone said they had a friend divorcing and the ex was military. That this military ex was trying to argue since the kids were on TRICARE he should pay less child support (which makes no sense).

I think the kids would be still qualified as her dependents and get TRICARE. They will have to get ID cards so when they are with you they can still use it.

We're Getting Divorced. What Military Benefits Do Our Kids Get?

The military benefits that children of divorced service members receive are determined by a number of factors.

Response by SGT Private RallyPoint Member made Apr 7 at 2018 2:53 PM

SGT Private RallyPoint Member — Sat, 07 Apr 2018 14:53:30 -0400

I had a conversation with someone the other day. As long as the divorce decree specifically states the children are to remain on Tricare provided by whomever is currently providing it you should be fine. I have never seen nor heard of there being a specific percent of custody to maintain insurance.

Response by SPC Joseph Casares made Apr 9 at 2018 11:09 AM

SPC Joseph Casares — Mon, 09 Apr 2018 11:09:20 -0400

Can anyone send me a off. On the military regulations on tricare for dependants after divorce

Response by SPC Joseph Casares made Apr 9 at 2018 11:10 AM

SPC Joseph Casares — Mon, 09 Apr 2018 11:10:21 -0400

Can anyone send me a Proof the military regulations on tricare coverage and divorce

Response by SPC Joseph Casares made Apr 9 at 2018 3:20 PM

SPC Joseph Casares — Mon, 09 Apr 2018 15:20:39 -0400

If she had a$42,000 sign on bonus when she joined would I be entitled to half of it?

Response by SFC Private RallyPoint Member made Mar 21 at 2019 7:52 AM

SFC Private RallyPoint Member — Thu, 21 Mar 2019 07:52:29 -0400

I believe a dependent is a a full dependent regardless of custody. You need to talk with a military attorney to make sure. But, common throughout all the laws of different States, a parent is financially obligated to support their minor children, and the level of support required often go up when level of custody goes down.

Response by SFC Private RallyPoint Member made Mar 21 at 2019 7:53 AM

SFC Private RallyPoint Member — Thu, 21 Mar 2019 07:53:12 -0400

Get a good divorce attorney.