Tags: 20/20/20 Rule

A divorce can be a complicated situation to say the least.

Throw in the fact that one of the parties has spent a significant number of years serving in the military, and additional complexities are sure to appear. One specific issue relates to the “20/20/20 Rule.” This Rule ultimately provides additional benefits for the non-military spouse if certain requirements are meant.

What is the “20/20/20 Rule?”

First, in order for the 20/20/20 Rule to be in play, the following criteria must be met:

  1. The military spouse has at least 20 years of creditable service towards determining retirement pay;
  2. You have been married to the same military spouse for at least 20 years; and,
  3. All 20 years of marriage overlap the 20 years of creditable (Active or Reserve) service which counted towards the military spouse’s retirement.

The application and eligibility requirements concerning the 20/20/20 Rule are defined in greater detail in the Uniformed Services Former Spouse Protection Act (USFSPA).

What if I Meet the Criteria for Application of the 20/20/20 Rule?

If the non-military spouse meets the criteria outlined above, they may be eligible to receive ongoing health insurance coverage through TRICARE as well as the continued use of military exchange and commissary facilities. However, in order to receive these benefits, the former spouse must show that the marriage last at least 20 years, that the military spouses service lasted at least a 20 years, and that both of these 20 year terms overlapped for at least 20 years. Being able to establish the 20-year overlap is critical to the non-military spouse’s ability to gain access to these benefits post-divorce. 

Conclusion

As stated above, military divorces can be more complicated than civilian ones. As such, make sure to contact a military divorce attorney to advise you on your specific situation and how your circumstances can impact your rights as part of an anticipated divorce.  

Check out other attorneys sharing this article! 

For assistance with a military divorce or family law issue, contact one of our trusted Sioux City attorneys, Sioux Falls attorneys, or Omaha attorneys today!

CONTACT US

Subscribe Our Blog

DISCLAIMER: The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. By visiting this website, blog, or post you understand that there is no attorney client relationship between you and the Goosmann Law Firm attorneys and website publisher. No information contained in this post should be construed as legal advice from Goosmann Law Firm, PLC, or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.