Home » Military Benefits in a Divorce in Arizona | Hildebrand Law, PC

Military Benefits in a Divorce in Arizona | Hildebrand Law, PC

Posted on : November 30, 2017, By: Chris Hildebrand

Entitlement to Military Benefits in a Divorce in Arizona

A divorce can be a complicated situation, to say the least. Throw in the fact that one of the parties has spent a significant number of years serving in the military, and additional complexities are sure to appear. One specific issue relates to the “20/20/20 Rule.”

This Rule ultimately provides additional benefits for the non-military spouse if certain requirements are met. What is the “20/20/20 Rule?” First, in order for the 20/20/20 Rule to be in play, the following criteria must be met:

1. The military spouse has at least 20 years of creditable service towards determining retirement pay;

2. You have been married to the same military spouse for at least 20 years; and,

3. All 20 years of marriage overlap the 20 years of creditable (Active or Reserve) service which counted towards the military spouse’s retirement.

The application and eligibility requirements concerning the 20/20/20 Rule are defined in greater detail in the Uniformed Services Former Spouse Protection Act (USFSPA).

What if I Meet the Criteria for Application of the 20/20/20 Rule?

If the non-military spouse meets the criteria outlined above, they may be eligible to receive ongoing health insurance coverage through TRICARE as well as the continued use of military exchange and commissary facilities.

However, in order to receive these benefits, the former spouse must show that the marriage lasted at least 20 years, that the military spouse’s service lasted at least a 20 years, and that both of these 20-year terms overlapped for at least 20 years.

Being able to establish the 20-year overlap is critical to the non-military spouse’s ability to gain access to these benefits post-divorce. In conclusion and as stated above, military divorces can be more complicated than civilian ones.

As such, make sure to contact a military divorce attorney to advise you on your specific situation and how your circumstances can impact your rights as part of an anticipated divorce.
We would like to thank attorney Chris Barondeau of the South Dakota Goosmann family law firm for this article.

If you have questions about military benefits in an Arizona divorce case, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona community property and family law attorneys have over 100 years of combined experience successfully representing clients in community property and family law cases.

Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.

Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your Arizona community property or family law case around today.

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13:11 05 Apr 19

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23:51 18 Oct 18

I first should comment on how I found this law firm. I am an attorney myself, though never licensed in Arizona. I moved to Arizona to rejoin my wife and son, who had moved out to Arizona ahead of me. Things soured. I don't know why, but they did. There was a particular issue for me with inherited property. I did some basic Internet research, and Hildebrand's name kept coming up as the author of scholarly articles on the issue concerning me. I asked that Hildebrand be assigned to my case. This was not possible, but his second in command, Mr. Micuda, took over, and Mr. Micuda knows his business. The initial scheduled 1 hour meeting ran for an hour and 45 minutes, and facts, law, and strategy were fully discussed. Throughout the case, everything was explained to me clearly, both verbally and in writing. Proceedings went forward without delay. Because I had selected one of the most prominent Domestic Relations firms in town, there was no serious opposition. This ended up being an essentially co-operative divorce between the two sides, the reasoning being to conserve assets rather than enrich lawyers. Through a series of 3 or 4 payments, I put up about $10,000 for fees and costs. I found the Hildebrand law firm's billings to be fair. They billed for work done; no padding. I am getting about 25% of what I paid in back, as a refund. The matter was done in about 6 months: divorce, agreed property settlement, agreed support provisions as to my son. My matters were handled by an attorney and paralegal team, and handled efficiently. Mine was not a "big" case in terms of its economic value to anyone, but I did not feel like a second or third class citizen; I was treated with the same respect, even though the dispute was over a condo, as opposed to, say, a Scottsdale mansion with land. This may sound strange, but i was actually somewhat sorry that the matter had to come to a conclusion. I felt that I had been treated like a friend, not just an anonymous customer. Being a practical man, I realize it's down to sending a Christmas or other seasonal card. As I said at the outset, I found this place by dint of my own research. I feel I am a lucky man that I did.

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22:53 26 Jul 18

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17:19 28 Jun 18

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21:20 02 Apr 18

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21:53 27 Feb 18

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16:03 22 Nov 17

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A Google User

21:41 07 Nov 17

I just want to again thank the Firm for working with me all that it has. I could not have done anything without everyone's assistance. You, Chris and Stacey have been and continue to provide me with compassion and hard work towards my case. Also a very special thanks to Kip for taking my case in the beginning. Also continued support from him and his dedication to providing me with his expertise in this matter.

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06:53 27 Sep 14

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22:09 12 Sep 13

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