Tricare Eligibility Question

[Anonymous]

I'm a military survivor and I receive SBP through my late husband including Tricare. I'm engaged and my fiance and I would like to have a commitment ceremony next year. We do not intent to get married legally (no marriage license) because I do not want to lose my access to Tricare in the future. I have been trying to find information to see if my eligibility would be affected by us having a commitment ceremony and I'm finding a lot of confusing information. I called TAPS and they also could not give a clear answer. Should I consult with an attorney and what type of attorney would be helpful in this case?

[Anonymous]

Is there a possibility that your relationship could be seen as a common law marriage in your state? Does common law marriage affect tricare eligibility?

Can you afford your insurance without Tricare? If so, why not just get married if you’re already engaged?

[Anonymous]

Anonymous wrote:Is there a possibility that your relationship could be seen as a common law marriage in your state? Does common law marriage affect tricare eligibility?

Can you afford your insurance without Tricare? If so, why not just get married if you’re already engaged?

I live in Virginia which does not recognize common law marriage. I do not want to lose Tricare coverage.

[Anonymous]

If this is a legal gray area, there is no substitute for getting real legal counsel. I would not try to crowd source this answer.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Is there a possibility that your relationship could be seen as a common law marriage in your state? Does common law marriage affect tricare eligibility?

Can you afford your insurance without Tricare? If so, why not just get married if you’re already engaged?

I live in Virginia which does not recognize common law marriage. I do not want to lose Tricare coverage.

Yes, get actual legal counsel. There are certain situations where what is essentially a common law marriage can be declared even in states that don’t recognize common law marriage. I’d be very careful and discuss my situation with a lawyer familiar with Tricare as a survivor’s benefit if I felt very strongly about keeping my Tricare insurance.

[Anonymous]

If you are not LEGALLY married, then your widow/survivor benefits stay.

You can have all the "commitment" ceremonies you like, but it isn't a legal marriage.

[Anonymous]

https://www.moaa.org/content/publications-and-media/news-articles/2022-news-articles/surviving-spouse-q-and-a-benefits-and-remarriage/

Curious how old you are, OP? Over 55?

Also, Tricare will require you to pay for Medicare Part B when you turn 65. At that point, Tricare turns into "Tricare for Life" which is essentially a Medicare Supplement plan.

How far from 65 are you? Does your "faux-fiance" have health insurance that would cover you? Why are you wanting to keep Tricare for the future?

[Anonymous]

Anonymous wrote:If this is a legal gray area, there is no substitute for getting real legal counsel. I would not try to crowd source this answer.

I have tried. I have not been able to find an attorney who was able to advise me. I called MOAA, TAPS, American Legion etc. DEERS said that I could keep Tricare.

[Anonymous]

Anonymous wrote:https://www.moaa.org/content/publications-and-media/news-articles/2022-news-articles/surviving-spouse-q-and-a-benefits-and-remarriage/

Curious how old you are, OP? Over 55?

Also, Tricare will require you to pay for Medicare Part B when you turn 65. At that point, Tricare turns into "Tricare for Life" which is essentially a Medicare Supplement plan.

How far from 65 are you? Does your "faux-fiance" have health insurance that would cover you? Why are you wanting to keep Tricare for the future?

I'm 56. I have separate health insurance through my employer. I would use Tricare for Life once eligible for Medicare. In addition, there are benefits overseas if I were to decide to live overseas.

[Anonymous]

Anonymous wrote:If you are not LEGALLY married, then your widow/survivor benefits stay.

You can have all the "commitment" ceremonies you like, but it isn't a legal marriage.

Thank you! This is what I have been told by DEERS as well.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Is there a possibility that your relationship could be seen as a common law marriage in your state? Does common law marriage affect tricare eligibility?

Can you afford your insurance without Tricare? If so, why not just get married if you’re already engaged?

I live in Virginia which does not recognize common law marriage. I do not want to lose Tricare coverage.

Yes, get actual legal counsel. There are certain situations where what is essentially a common law marriage can be declared even in states that don’t recognize common law marriage. I’d be very careful and discuss my situation with a lawyer familiar with Tricare as a survivor’s benefit if I felt very strongly about keeping my Tricare insurance.

I have not been able to find an attorney who would advise me. I called and emailed dozens and every one told me that they didn't know and could not advise me.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Is there a possibility that your relationship could be seen as a common law marriage in your state? Does common law marriage affect tricare eligibility?

Can you afford your insurance without Tricare? If so, why not just get married if you’re already engaged?

I live in Virginia which does not recognize common law marriage. I do not want to lose Tricare coverage.

Yes, get actual legal counsel. There are certain situations where what is essentially a common law marriage can be declared even in states that don’t recognize common law marriage. I’d be very careful and discuss my situation with a lawyer familiar with Tricare as a survivor’s benefit if I felt very strongly about keeping my Tricare insurance.

I have not been able to find an attorney who would advise me. I called and emailed dozens and every one told me that they didn't know and could not advise me.

They can’t say with any reliability what decisions the military might make in the future about who is and isn’t eligible for Tricare. I’ve been using Tricare for many years- since it was known as CHAMPUS- and what/who it covers and how much it costs has changed many times. You can’t rely on it staying the same.

[Anonymous]

Anonymous wrote:

Anonymous wrote:https://www.moaa.org/content/publications-and-media/news-articles/2022-news-articles/surviving-spouse-q-and-a-benefits-and-remarriage/

Curious how old you are, OP? Over 55?

Also, Tricare will require you to pay for Medicare Part B when you turn 65. At that point, Tricare turns into "Tricare for Life" which is essentially a Medicare Supplement plan.

How far from 65 are you? Does your "faux-fiance" have health insurance that would cover you? Why are you wanting to keep Tricare for the future?

I'm 56. I have separate health insurance through my employer. I would use Tricare for Life once eligible for Medicare. In addition, there are benefits overseas if I were to decide to live overseas.

Are you seriously planning to live overseas when you are 65 or older? It seems like that is the only benefit you are getting for the cost of not marrying. Maybe marrying doesn't mean that much to you. That's fine. For some people, the legal benefits of being married (Soc. Sec., inheritance, owning property, authority to make decisions, just wanting to be married) would carry more weight than the possibility of having health coverage 9 yrs in the future IF you decide to live internationally for awhile. You have to weigh what it is worth and how likely it is that you are going to live internationally.

[Anonymous]

Anonymous wrote:

Anonymous wrote:If this is a legal gray area, there is no substitute for getting real legal counsel. I would not try to crowd source this answer.

I have tried. I have not been able to find an attorney who was able to advise me. I called MOAA, TAPS, American Legion etc. DEERS said that I could keep Tricare.

I guess I somehow was unclear. I meant hire and pay for an attorney, not telephone veterans organizations.