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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19225
Experience:  Lawyer and current JAG officer.
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My husband and I were married in May of 2001. He was active

Customer Question

Hi, my husband and I were married in May of 2001. He was active duty at that time. He retired in June of 2010. We separated in March 2015. Will I still be entitled to Tricare? He is currently paying me spousal support that is not court ordered. Although we are amicable, some of my family and friends have urged me to make it legal.
Submitted: 1 year ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

No, you would not have been entitled to Tricare because your marriage did not overlap enough military service. You marriage has to have overlapped at least 15 years of military service to be entitled to just one year of continuing coverage. To be entitled to more, you have to have been married over 20 years of military service.

You would be able to get a continuing coverage, like COBRA, but you will not retain Tricare and cannot, because you can't reach the necessary "marriage/military overlap" now that he has retired.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 1 year ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required.

If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.