According to 2021 data, the divorce rate among military personnel is 4.08%, which is higher than the national rate of 2.05% and the highest rate when considering various types of jobs. [1] [2]
Military divorce has unique challenges that set it apart from civilian spouse separations. The 20/20/20 rule is one important aspect that military service members and their spouses should be aware of. It is designed to provide financial security and support to non-military spouses who may have dedicated their lives to supporting their service members, recognizing the sacrifices made by both parties during the marriage.
What Does the 20/20/20 Rule Mean in a Military Divorce?
The 20/20/20 rule in a military divorce refers to a specific set of qualifications that determine whether a non-military spouse is entitled to certain benefits after a divorce from a service member. This rule is particularly important because it helps protect the rights of the non-military spouse while providing them with access to crucial benefits.
To qualify for the benefits under the 20/20/20 rule, the following conditions must be met:
- 20 Years of Marriage: It stipulates that the couple must have been married for at least 20 years. This requirement recognizes the long-term commitment involved in a marriage and aims to ensure that the non-military spouse has had a substantial partnership with the service member before the divorce. It reflects the idea that a long duration of marriage contributes to greater reliance on each other’s financial and emotional support, which may warrant ongoing benefits post-divorce.
- 20-Year Period of Service: The second criterion requires that the service member has served in the military for at least 20 years. It is significant because 20 years of service typically qualifies a member for military retirement benefits. The rule acknowledges the sacrifices and commitments made by service members, acknowledging long-term service should be accompanied by protection for dependents, including spouses.
- 20-Year Overlap: The final aspect of the rule stipulates that there must be a 20-year overlap between the marriage and the service member’s military service. This means that the time the couple was married must coincide with the period the service member was on active duty. This overlap is essential for verifying that the non-military spouse was indeed a partner during a significant portion of the service member’s military career. Without this overlap, the non-military spouse would not qualify for the benefits provided by the 20/20/20 rule.
If all three criteria are met, the non-military spouse is eligible for certain military benefits, such as access to health care through TRICARE and a portion of the service member’s retirement pay.
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]
Contact the experienced team of divorce lawyers at Sacks & Sacks today, and let us guide you through every step of your military divorce process.
FAQs
Q. What happens if the marriage is less than 20 years?
If the marriage lasted less than 20 years, the former spouse does not qualify for the 20/20/20 benefits. However, based on state divorce laws, they may still be entitled to a portion of the service member’s retirement pay.
Q. Can the 20/20/20 Rule be altered or waived?
The 20/20/20 Rule is governed by federal law (Uniformed Services Former Spouse Protection Act), and the eligibility criteria cannot be waived. However, parties may negotiate different terms regarding property division or support during the divorce proceedings, but these negotiations will not affect the basic eligibility for 20/20/20 benefits.
Q. What benefits does the 20/20/20 Rule provide to former spouses?
Former spouses who qualify under the 20/20/20 Rule may be eligible for:
- Continued access to military healthcare through TRICARE.
- Full military retirement benefits based on the servicemember’s military retirement.
- Access to certain military installations and services.
Sources:
[1] Barnhill, J. (2024, April 22). Why Divorce Is Particularly Hard on Military Families. Military.com. https://www.military.com/daily-news/opinions/2023/06/22/why-divorce-particularly-hard-military-families.html
[2] National Marriage and Divorce Rate Trends for 2000-2022, n.d. https://www.cdc.gov/nchs/nvss/marriage-divorce.htm
[3] Rights and Benefits of Divorced Spouses in the Military. (n.d.). Militaryonesource. Retrieved September 26, 2024, from https://www.militaryonesource.mil/relationships/separation-divorce/rights-and-benefits-of-divorced-spouses-in-the-military/