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.