Divorces involving military personnel come with a unique set of challenges and rules that aren’t typically encountered in civilian divorces. Among these are the “20/20/20” and “20/20/15” rules.
These rules determine eligibility for continued military benefits after a divorce, a significant concern for many military families.
The 20/20/20 rule
The 20/20/20 rule applies to long-term military marriages and dictates specific eligibility criteria for non-military spouses to continue receiving military benefits after a divorce. For this rule to apply, three conditions must be met:
- The military member must have at least 20 years of creditable service towards retirement pay.
- The marriage must have lasted at least 20 years.
- The marriage and military service must have overlapped for at least 20 years.
When these criteria are met, the non-military spouse retains full benefits, which include medical care, commissary privileges and exchange privileges.
The 20/20/15 Rule
The 20/20/15 rule is slightly different. This rule applies when the non-military spouse doesn’t meet the full criteria of the 20/20/20 rule but is close. The requirements are:
- The military member must have at least 20 years of creditable service.
- The marriage must have lasted at least 20 years.
- The marriage and military service must have overlapped for at least 15 years.
Under the 20/20/15 rule, the non-military spouse is entitled to some benefits, but not all. The most significant difference is that medical benefits are limited. They’re entitled to full military medical benefits for only one year after divorce. After this, they no longer have access to these benefits.
Other Benefits
Other benefits like commissary and exchange privileges are also affected besides health care. Under the 20/20/20 rule, these benefits continue, but under the 20/20/15 rule, these benefits are not available post-divorce.
Understanding the implications of the divorce is critical for anyone in this situation. Seeking assistance from someone familiar with these laws can reduce stress.
