Entitlement to Military Benefits in a Divorce in Arizona
Posted on : November 30, 2017, By: Christopher Hildebrand
Entitlement to Military Benefits in a Divorce in Arizona
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).
Jennifer, thank you for being my attorney. I could not have been more pleased with the outcome of my family court hearing. Everything you have done for me throughout this case reflects in the final ruling of the judge. You helped me keep my head together and taught me a lot about myself as a person. I learned so much about my life from observing and listening to you. I will take all the advice you gave me to continue taking responsibility for my choices, continue to put the kids' needs first, and always stay truthful. Your diligence, dedication, and persistence in my case made what seemed impossible, possible. You are a wonderful person and an amazing attorney and I am stronger and more confident because of you.
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.
After interviewing several law firms, I came across Jennifer Shick, and her firm, who I hired to represent me for my Family Court case. Jennifer has extensive knowledge of the law and is determined to bring the truth to every issue involved within the case. Throughout my case, Jennifer was prepared meticulously as well as went above and beyond all of my expectations. Even when the other party tried to differ from the truth, lie to the Judge, and turn situations around, Jennifer remained attentive and provided substantial evidence to show the judge the facts as well as the proof to support what was the best interests of my children. Additionally, Jennifer helped me endure many difficult experiences, situations and inspired me to remain positive throughout the entirety of my case. Her kindness, compassion, and professionalism helped me through very difficult times and made the process feel a thousand times lighter on my shoulders. She truly has my children and my best interest at heart and I trust her perspective as well as her honesty on each and every aspect of my case. She lessened the burden on my shoulders and even when I felt like the case was not going to go in my favor, Jennifer was open-minded and reassured me that the Judge would, in fact, see the truth, which he did and the case went in my favor. After nine months of court, everything finally came together. I cannot declare how much Jennifer has been an outstanding attorney. She addressed each and every issue with diligence, she cares about her clients and their families. Jennifer genuinely cares about her clients and her dedication to the details of the case was remarkable. Overall, I am extremely pleased with Jennifer’s services and I am truly thankful that I was so blessed to have her represent my children and me. I highly recommend Jennifer as one of the best attorneys in Arizona and if the situation ever arises, I will definitely have her represent my children and me again.
Dear Stacey and Kip, How can I ever thank you enough for helping me through the most difficult time in my life? I couldn't put into words my heartfelt gratefulness. You both were so compassionate and professional at every given moment throughout this process with me. I thank you from the bottom of my heart. You helped me to regain my freedom.
I was a client of Attorney Kevin Park for the dissolution of a divorce in 2016. And since I had never had the need to hire an attorney before for any purpose, I was somewhat apprehensive of the process. But the very calm and professional demeanor of Mr. Park eased my fears. He adeptly answered all my questions and I clearly knew the process and what to expect. And the skilled manner he communicated with opposing counsel was perfect. When it came down to negotiating with my spouse’s counsel, I knew I had selected the best attorney for my situation. What I noticed and appreciated was that he was using just the right amount of pressure with opposing counsel as was necessary. If you find yourself in this situation, you will want a seasoned professional like Mr. Park on your side. I'm very grateful that he was my attorney and not the opposition!
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I feel that Tracey Van Wickler is certainly one of the best family lawyers around. She is logical, intelligent, and truly cares. Tracey always does what is in the clients best interest, does it well, timely and with integrity. She is good at keeping her clients informed as to what is going on and clear in her communication both written and verbally. I have recommended Tracey to other people and will continue to recommend her. I recommended Tracey to someone who was having issues with their ex-wife and his response was, “I know how good she is because I went up against her and she ate me for lunch”. This same person was so impressed with her, he even recommended her to someone else, WOW, that is impressive! I am exceptionally happy with her attention to detail, her ability to explain things in ways that are easy to understand, as well as her ability to keep everyone focused on the most important things. I would recommend Tracey to anyone who may be in need of her services.
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What if I Meet the Criteria for Application of the 20/20/20 Rule?
Military Benefits and Divorce.
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.
