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What is the 20/20/20 rule in military divorce?

What is the 20/20/20 rule in military divorce?

Willick Law Group
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Another thing to watch closely in military cases is the time restrictions for former spouse qualification for ancillary benefits (medical, commissary, theater, etc.) For full benefits, the member must have served twenty years, the marriage must have lasted twenty years, and the service and marriage must have overlapped by twenty years (the "20/20/20" rule).1 "20/20/15" former spouses divorced before April 1, 1985, are also eligible for lifetime medical benefits. Lesser benefits are available for "20/20/15" spouses divorced after that date. A special insurance program is available for former military spouses married at least one year, but the terms and restrictions vary according to the same three factors.2 In an appropriate case, deferring the divorce could prove to be in the parties' mutual best interest (for example, where the spouse has to have a major medical procedure, covered under military insurance, but not otherwise, and there is no other insurance available post-divorce). The medical benefits available to qualified spouses are for treatment at uniformed services medical facilities, and benefits under programs that have undergone a variety of name changes, from CHAMPUS ("Civilian Health and Medical Program of the Uniformed Services") to "US-VIP," to "TRICARE."

Answer Applies to: Nevada
Replied: 12/2/2011

Answer By Maury Beaulier
Beaulier Law Office
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In a divorce, if the service member spouse was in the military for at least 20 years, the non-military spouse may qualify for military benefits after the dissolution, under certain conditions. Pursuant to 10 U.S. Code 1072(2)(F), a former spouse of a service member is defined as a dependent, and therefore entitled to all military benefits and installation privileges, including medical, commissary, military exchanges (PX/BX), etc.Former spouses who meet these criteria are covered:Married to the service member at least 20 years,The service member had at least 20 years of creditable service, andThere were at least a 20-year overlap between the marriage and the military service.

Answer Applies to: Minnesota
Replied: 12/2/2011

The Davies Law Firm, P.A.
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That rule says how much benefits the spouse gets on divorce.

Answer Applies to: New Jersey
Replied: 12/2/2011

Answer By Jay W. Neff
Law Office of Michael W. Bugni
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It is a rule dealing with whether the non-service member spouse is entitled to what benefits. To be entitled to full benefits, the non-service member spouse must have been married to the service member spouse for 20 years, the service member must have 20 years of service creditable toward retirement, and there must be a 20 year overlap of marriage and military service.

Answer Applies to: Washington
Replied: 12/2/2011

Answer By Richard A. Gray
Odin, Feldman & Pittleman, P.C.
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A former spouse who was married to the service member for at least 20 years qualifies for military benefits after the dissolution under certain conditions. Note that health coverage is medical only not dental. And unless the former spouse pays an annual premium of $230, the coverage is the equivalent of Tricare Standard not Tricare Prime.

Answer Applies to: Virginia
Replied: 12/2/2011

Answer By John Kirchner
John E. Kirchner, Attorney at Law
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It is the rule governing whether or not a former spouse will retain military benefits, primarily medical, after divorce. It requires that the service member and spouse must have been married for 20 years and that during that same 20 years the service member performed service creditable for retirement.

Answer Applies to: Colorado
Replied: 12/2/2011

Answer By Roy L. Reeves
Reeves Law Firm, P.C.
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If you are referring to division of military retirement and benefits - as I suspect you are - there is no such rule in Texas. In Texas, we use the "Berry" formula. Months of marriage and credible service (you can deduct lost time) divided by time in service at time of retirement (which may be determined later) is a percentage of the military retirement that is community. This percentage is usually divided by 2 to get the non-member spouse's share. This non-member spouse's share can be restricted, cut up, and otherwise limited, but I am not going to give away all my secrets here.

Answer Applies to: Texas
Replied: 12/2/2011

Ashman Law Office
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Full Benefits ("20/20/20" Rule) Pursuant to 10 U.S. Code 1072(2)(F)
Answer Applies to: Georgia
Replied: 12/1/2011

Answer By Zephyr Hill
Goldberg Jones
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You can call DFAS , JAG, or even your command to get pretty good information on this stuff. If you are about to go through a divorce make sure to get a lawyer that has plenty of experience working with military members. Full Benefits ("20/20/20" Rule) Pursuant to 10 U.S. Code 1072(2)(F), a former spouse of a service member is defined as a dependent, and therefore entitled to all military benefits and installation privileges, including medical, commissary, military exchanges (PX/BX), etc. Former spouses who meet these criteria are covered: 1. Married to the service member at least 20 years, 2. The service member had at least 20 years of creditable service, and 3. There were at least a 20-year overlap between the marriage and the military service.

Answer Applies to: California
Replied: 12/1/2011

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