Understanding Deers: Common-Law Spouses' Rights And Registration

To add a common-law spouse to the Defense Enrollment Eligibility Reporting System (DEERS), a few steps need to be taken. Firstly, it is important to note that a marriage certificate is required to add a spouse to DEERS, and common-law marriages are only recognized in certain states. To be eligible, a common-law marriage certificate, a court order, or a written SJA opinion that a common-law marriage is recognized in the relevant state or U.S. jurisdiction is needed. Once the marriage is recognized, the spouse's picture ID, birth certificate, and Social Security card are also required. It is also important to be honest about your spouse's immigration status, as providing false information can have legal consequences. The process of adding a spouse to DEERS involves taking the necessary documents to the ID office on the base and then contacting Tricare for enrollment.

Common-law marriage recognition

Firstly, it is important to note that a common-law marriage must be recognised in the relevant state or US jurisdiction. To prove this, you may need:

• A common-law marriage certificate certified by the state.
• A court order or other appropriate documents from a court of competent jurisdiction in the US (or territory/possession) that establishes a common-law marriage.
• A written SJA opinion that a common-law marriage is recognised in the relevant state or jurisdiction.

In addition to the above, you will need to provide documentation to prove your spouse's identity. This typically includes:

• Two forms of ID for your spouse.
• A marriage certificate.
• A birth certificate.
• A Social Security card.
• A picture ID.

It is also important to be aware that if your spouse is an undocumented immigrant, they may need to apply for a waiver of inadmissibility or a green card. An immigration attorney can provide guidance on the specific requirements and next steps.

To add your spouse to DEERS, you will need to take the appropriate documents to the ID office on your base. You can also contact the DMDC/DEERS Support Office (DSO) at (800) 538-9552 for further guidance on the process.

Required documents

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Benefits eligibility

To be eligible for benefits, a common-law spouse must be enrolled in the Defense Enrollment Eligibility Reporting System (DEERS). DEERS is a database that tracks eligibility for military benefits, including healthcare and other services.

To add a common-law spouse to DEERS, you must provide the following documentation:

• A common-law marriage certificate, a court order, or a written SJA opinion that a common-law marriage is recognized in the relevant state or U.S. jurisdiction.
• The spouse's picture ID, birth certificate, and Social Security card.
• Your marriage certificate to change your last name to match your spouse's last name or to hyphenate your last name.

It is important to note that the requirements for common-law marriage vary by state, and not all states recognize common-law marriages. To be eligible for benefits, the marriage must be recognized by the state or jurisdiction where the service member is stationed.

Once your spouse is enrolled in DEERS, they are eligible for the same benefits as any other spouse. These benefits may include healthcare coverage, base privileges, and other military spouse entitlements. It is recommended to contact the DMDC/DEERS Support Office (DSO) at (800) 538-9552 for specific guidance on the required documentation and enrollment process.

ID card acquisition

To add a common-law spouse to the Defense Enrollment Eligibility Reporting System (DEERS), you must provide the following documents to the ID office on your base:

• A common-law marriage certificate, a court order, or a written SJA opinion that a common-law marriage is recognized in the relevant state or U.S. jurisdiction.
• Your spouse's picture ID, birth certificate, and Social Security card.
• Your marriage certificate to change your last name to match your spouse's last name or to hyphenate your last name.

It is important to note that you must report any changes in your dependent status within 30 days. The Department of Defense (DoD) has stated that DEERS registration is the base requirement for eligibility for benefits. Once your spouse is enrolled in DEERS, they are eligible for the benefits that any other spouse would receive.

If your spouse is an undocumented immigrant, they may need to apply for a waiver of inadmissibility and a green card. An immigration attorney can help you navigate the process and advise you on the best course of action.

Enrollment process

To enrol a spouse in the Defense Enrollment Eligibility Reporting System (DEERS), the first step is to determine their eligibility. For active military, reserves, and National Guards, a "spouse" is defined as a legally married husband or wife. Opposite-sex couples must produce a marriage certificate to receive benefits, and same-sex couples must be lawfully married. Marriages performed in foreign countries to foreign nationals must typically be approved by the military service beforehand.

If your spouse is undocumented, they may not be eligible for DEERS. In this case, you should consult an immigration attorney to discuss other options, such as applying for an adjustment of status to become a lawful permanent resident (LPR) or a waiver of inadmissibility. If your undocumented spouse is already enrolled in DEERS, they are likely receiving military benefits as your dependent, but this does not confer legal status or work authorisation.

Once you have confirmed your spouse's eligibility, you can begin the enrolment process. You can enrol your spouse in DEERS by visiting a DEERS or ID Card office with your spouse and submitting the required documentation. This typically includes a marriage certificate and other forms of identification. In some cases, it may be possible to enrol your spouse without them being present, but both of you will typically be required when the ID card is issued.

If your spouse cannot be present for the enrolment process, there are provisions for adding a dependent to DEERS and issuing an ID card by mail. This usually requires downloading and completing the relevant forms, getting them notarised, and submitting them to a RAPIDS site. However, it is recommended to check with a nearby RAPIDS site beforehand to ensure they can process mail-in requests. Alternatively, you can contact the DMDC/DEERS Support Office (DSO) at (800) 538-9552 for further assistance.

Frequently asked questions