The 20/20/20 rule is a critical provision established under the Uniformed Services Former Spouses’ Protection Act (USFSPA) that dictates eligibility for specific military benefits for former spouses following a divorce. This rule is designed to provide financial and healthcare security for individuals who have been part of a long-term military marriage. Understanding its requirements and implications is essential for navigating the post-divorce landscape, particularly regarding continued access to military healthcare, commissary privileges, and other vital services.
For a marriage to qualify under the 20/20/20 rule, three specific conditions must be met simultaneously. First, the marriage must have lasted for at least 20 years. Second, the military member must have completed at least 20 years of credible service. Third, there must be a minimum of 20 years of overlap between the marriage and the military service. Meeting all three criteria is necessary for the non-military spouse to retain certain benefits post-divorce. If the marriage lasted 20 years, the service member served 20 years, but the overlap was only 15 years, for example, the former spouse would not qualify under the 20/20/20 rule.
The benefits available to those who meet the 20/20/20 criteria are substantial and help maintain a familiar standard of living. One of the most significant benefits is continued access to TRICARE, the military healthcare program. Eligible former spouses can enroll in TRICARE Prime, which provides comprehensive medical coverage without enrollment fees, a crucial advantage given the high cost of healthcare. Additionally, qualified individuals retain base privileges, which include access to commissaries (grocery stores) and exchanges (retail stores), where goods are sold at reduced costs. These privileges can significantly lower living expenses. Another benefit is eligibility for Space-A travel, which allows for travel on military flights on a space-available basis. To access these benefits, eligible former spouses can obtain a new dependent ID card from the military personnel office.
If a former spouse does not fully meet the 20/20/20 rule, they may still qualify for transitional benefits under the 20/20/15 rule. This rule applies if the marriage lasted at least 20 years, the service member served at least 20 years, and the overlap between marriage and service was at least 15 years but less than 20. Under the 20/20/15 rule, the former spouse is entitled to one year of TRICARE coverage and temporary base access. This provides a bridge to help transition to independent living and secure alternative healthcare coverage.
Several critical reminders are associated with these benefits. Remarriage generally terminates the benefits under the 20/20/20 rule. However, if the former spouse remarries another service member, the benefits may continue. It is also important to note that the benefits are contingent on the military member’s status; they remain available only if the service member is still serving or retired. If the service member leaves the military, the benefits for the former spouse will end. A notable exception is that children’s benefits continue regardless of the former spouse’s remarriage or the service member’s status.
Navigating the complexities of military divorce and benefit eligibility can be challenging. It is strongly advised to seek legal representation to protect one’s rights and ensure a fair division of assets and retirement pay, which is governed by the USFSPA. Confirming eligibility with the military personnel office is a vital step to ensure accurate entitlement. The Department of Defense offers support services, including counseling for emotional healing and financial assistance programs. Organizations and support groups are also available to provide guidance and assistance during this difficult transition.
In summary, the 20/20/20 rule is a foundational element in military divorce proceedings, directly impacting financial security and access to essential benefits like healthcare and base privileges. For military spouses, understanding the qualifying requirements—marriage length, service length, and overlap—is the first step toward planning for post-divorce life. Legal and military resources are available to help clarify eligibility and navigate the process, ensuring that former spouses receive the benefits to which they are entitled under the law.