What is the 20/20/20 Rule in a Military Divorce?

Understanding the Purpose of the 20/20/20 Rule

The 20/20/20 rule serves a significant function in the realm of military divorce, providing specific protections and benefits to non-military spouses. Here’s a closer look at its purpose:

• Financial Security for Non-Military Spouses: The primary purpose of the 20/20/20 rule is to ensure that non-military spouses receive financial support and security after a divorce. Given the nature of military life, where one spouse may have sacrificed their career or education to support the military member, the rule helps to mitigate potential financial instability following a separation.
• Recognition of Sacrifice and Commitment: The rule acknowledges the significant commitment and sacrifices made by non-military spouses throughout the marriage. Ensuring that couples with long-term marriages overlapping with service receive benefits reflects the understanding that these spouses often contribute to the service member’s career, sometimes at their own professional expense.
• Access to Military Benefits: Under the 20/20/20 rule, qualifying non-military spouses gain access to various military benefits, including:
  • Healthcare: Eligibility for TRICARE, the military health care program, which can be vital for maintaining health coverage.
  • Retirement Pay: A share of the armed service member’s military retirement pay, which can represent a significant financial resource after divorce.
  • Other Support Services: Access to educational benefits and support services offered by the military.
• Fairness in Divorce Settlements: By establishing clear criteria for benefits, the 20/20/20 rule aims to create a sense of fairness in divorce settlements involving military personnel. It reduces ambiguity and potential conflicts over entitlements, providing a straightforward framework for both parties.
• Encouragement for Long-Term Commitment: The existence of the 20/20/20 rule may encourage service members and their spouses to consider the long-term implications of military service on their family dynamics. It underscores the importance of partnership and commitment in a marriage that involves the unique challenges of military life.

Impact of Divorce on Military Benefits

A spouse can keep their identification card and continue to access commissary privileges, exchange, and healthcare benefits until their divorce is finalized, even if they do not meet the criteria of the 20/20/20 rule. Here are some additional factors to take into account:

• Installation Housing: Divorced spouses will lose access to installation family housing within 30 days after the service member or other family members have moved out due to a divorce.
• Moving Costs: The military may cover the moving expenses for the non-military spouse returning home from an overseas duty station. In addition, the parties involved in the divorce can negotiate the costs of an in-state move as part of the settlement agreement.
• Health Care Benefits: If they lose TRICARE benefits due to divorce, they can purchase up to 36 months of temporary medical coverage through the Department of Defense Continued Health Care Benefit Program. Eligible biological and adopted children of the service member can receive TRICARE medical benefits until age 21 (or up to age 23 if they are enrolled in college).
• Spousal and Child Support: Each branch of the military has policies mandating service members to provide financial support for family members upon separation when there is no existing agreement or court order. These policies are designed to ensure that family members receive the necessary support during the transition. [3]