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When going through a military divorce, it’s a different process to find out what retirement benefits you qualify for. If you qualify for the 20/20/20 or the 20/20/15 rule, you will have access to the privileges for the commissary and the exchange, as well as other base privileges for a specific timeframe. These rules were created to minimize the amount of people who receive the military benefit after divorce, since it must be shown that the marriage was long lasting, and not fraud or short-lived. See if you qualify for these rules and benefits in your military divorce below.
What is the 20/20/20 rule?
The 20/20/20 rule is with regards to your former spouse who served in the military. They need to have met three requirements for you to be considered a 20/20/20 spouse. First, you must have been married for at least 20 years. Next, your military ex-spouse must have served in the military for at least 20 years. Lastly, at least 20 years of overlap between the time married and in the military.
For example:
- John served in the military starting 1999, and retired in 2020, after serving for 21 years.
- John and Jess got married in 2002, and were married for 30 years before deciding to separate.
- John and Jess pass the 1st two requirements, but do not pass the final requirement. Although they were married for 20+ years and John served for 20+ years, the time that these two overlapped did not reach the required 20 years, as during their time married, John served for only 18 years, the other years before their marriage.
- Therefore, Jess does not qualify as a 20/20/20 spouse.
- If John retired in 2022, then Jess would have qualified.
Why is the Qualification for the 20/20/20 Rule Important?
If a spouse qualifies for the 20/20/20 rule, they are eligible to continue receiving tricare insurance as long as they don’t remarry before they turn 55 years old. This spouse would also be entitled for direct payments from the Defense Finance and Accounting Service (DFAS) for retirement pay under the Uniformed Services Former Spouse Protection Act (USFSPA), since they also meet 10/10 rule requirements as well. These 20/20/20 spouses also have lifelong base privileges such as access to the commissary and the exchange.
What is the 20/20/15 rule?
The 20/20/15 rule is a secondary rule to the 20/20/20 rule for spouses that did not meet all the requirements of 20/20/20. If a spouse meets the 20/20/15 rule, they will be able to keep some of their military benefits, compared to all the ones they would have received under the 20/20/20 rule.
To be a 20/20/15 spouse, you must meet the three requirements. First, you must be married for 20+ years. Next, your military ex-spouse must have served in the military for at least 20 years. Lastly, there must have been at least 15 years of overlap between the time married and in the military.
For example:
- John served in the military starting 1999, and retired in 2020, after serving for 21 years.
- John and Jess got married in 2002, and were married for 30 years before deciding to separate.
- While Jess does not qualify as a 20/20/20 spouse, she qualifies as a 20/20/15 spouse. As for 15 years of their marriage, John was in the military.
Under the 20/20/15 rule, a qualified spouse will still be able to receive direct payments from retirements through the Defense Finance and Accounting Service (DFAS). They would also be entitled to tricare for one more year after their divorce is completely finalized, as long as they do not remarry. For this year after the divorce is finalized, the spouse will still have access to base privileges such as the commissary or the exchange.
Contact an Irvine Military Divorce Lawyer if You Still Have Questions.
Do you still have more questions about your military divorce, or the 20/20/20 and 20/20/15 rule? Contact Moradi Saslaw and speak to an experienced Irvine Military Divorce Lawyer to answer all your questions. Know your rights and know what benefits you are entitled to as a service member or military spouse.
