Marriage comes with challenges, even under the best of circumstances. Having one spouse in the military makes this even more complicated. Unfortunately, not all military marriages last forever.
A servicemember enjoys several benefits as part of their military service. Some of those are passed down to their spouse. For spouses who are in long-term marriages with a member of the military, some of the benefits will continue even if they get a divorce.
3 conditions to qualify under the 20/20/20 rule
The 20/20/20 rule refers to specific eligibility criteria for continued benefits under the Uniformed Services Former Spouses’ Protection Act (USFSPA). This rule determines if a former spouse can retain military benefits such as healthcare, commissary and exchange privileges after the divorce.
There are three specific conditions that must be met if a military spouse will be able to keep full benefits when they go through a divorce. These include:
- 20 years of marriage
- 20 years of military service
- 20 years of overlap
It’s sometimes possible to receive partial benefits if all three conditions aren’t met.
Benefits provided when conditions are met
Once the 20/20/20 criteria are met, the former spouse can receive TRICARE medical benefits, shopping privileges at military exchanges and commissaries and access to military installations. These remain in effect unless the person remarries.
Other facets of military life may also come into the picture. For example, property division may include military retirement pay, as well as other assets and debts that were amassed during the marriage. Working with someone who understands military divorces is beneficial in these cases.