Military Benefits for a Child After a Divorce

Divorces are always complicated, but military divorces require additional considerations. Military benefits are generous, and as a parent you may be concerned about whether your child will be able to maintain his Tricare coverage after the divorce. Depending on the legal relationship of your child to the service member, he may or may not be able to keep his benefits up until his 26th birthday.

Children

• Biological children of service members are still covered by military health, vision and dental insurance benefits under Tricare after a divorce. The benefits continue even if one of the child's parents remarries. As of the passing of the National Defense Authorization Act for Fiscal Year 2011, a child of the service member is eligible for coverage until he marries or turns 26. Formerly, the coverage only lasted until the child reached age 21.

Stepchildren

• As soon as the stepchild's biological parent marries a service member, he is eligible for coverage by Tricare. However, on the date of the divorce decree, the stepchild loses his benefits. Tricare emphasizes that the service member does not have to adopt the stepchild for the stepchild's benefits to be activated; however, if the service member does not adopt the stepchild, the stepchild may not retain his benefits after his biological parent and the service member divorce.

Adopted Children

• Adopted stepchildren are given the same rights as biological children. If a child is not adopted before the marriage, he is still eligible for benefits as soon as his parents marry. Once he is adopted, he may maintain his benefits even after the divorce decree, up until marriage or the age of 26. Children who are not biologically related to either parent but whom are adopted by both parents also maintain their benefits after a divorce. Children placed in the custody of service members may also continue to receive benefits after the service member obtains a divorce

Considerations

• When a military service member retires after 20 years of service or longer, he and his dependents may maintain their benefits. The service member keeps his benefits for life. Children of retirees hold onto their benefits until they get married or turn 26. Service members who leave the military before they are eligible for retirement do not retain their benefits, and their dependents must then give up their benefits as well.