Military Divorce: What are my benefits?

Military divorce can be more complicated than civilian divorce, as a non-military spouse may not know which benefits he or she is entitled to. The 20/20/20 rule is a crucial guideline to understand when going through a military divorce.

The 20/20/20 rule has three components:

• The marriage must have lasted for at least 20 years.

• The military spouse must have served in the military for at least 20 years.

• 20 years of the marriage must overlap with 20 years of the military spouse's service.

If these criteria are met, the non-military spouse will be entitled to the same benefits as the military spouse for the rest of their life, as long as they don't remarry. This includes access to Tricare, commissary and exchange privileges, and a portion of the spouse’s retirement pay.

It's important to note that the non-military spouse will need to sign up for Tricare under his or her own name and social security number and will not remain on his or her former spouse's policy. If they are covered by the 20/20/20 rule, the portion of the military spouse's pension will be paid directly to them by DFAS.

If the marriage doesn't meet the 20/20/20 rule, the civilian spouse may still be entitled to receive payments from the Defense Finance and Accounting Service (DFAS) if the marriage lasted at least 10 years and overlapped with 10 or more years of military service.

Under the 10-year rule, the non-military spouse may still be eligible for a portion of his or her former spouse's retirement pay, but they will not have access to other military benefits like Tricare or commissary and exchange privileges. Understanding the 20/20/20 rule and the potential benefits it provides can help both parties navigate a military divorce with less confusion and conflict.

If a military divorce does not meet the 20/20/20 rule, the non-military spouse may still be eligible for certain benefits under the 20/20/15 rule. However, the benefits they receive may be limited, and their eligibility for Tricare will depend on when the marriage ended:

• Before April 1, 1985: The non-military spouse is eligible for care received on or after January 1, 1985, or the date of the divorce/annulment, whichever is later. Their eligibility continues as long as they meet the eligibility requirements.

• April 1, 1985 – September 28, 1988: The non-military spouse was eligible for care received from the date of the divorce/annulment until December 31, 1988, or two years from the date of the decree, whichever was later.

• On or after September 29, 1988: The non-military spouse is TRICARE-eligible for one year from the date of the divorce/annulment.

There are scenarios in which a non-military spouse may lose their TRICARE eligibility after a divorce:

• Remarriage. If the non-military spouse remarries after the divorce, they will generally lose their TRICARE eligibility, even if the subsequent marriage ends in death or divorce. However, if they remarry another military member or retiree, they may be able to regain their TRICARE eligibility under their new spouse.

• Employer-Sponsored Health Plan. If the non-military spouse is covered by an employer-sponsored health plan, they may lose their TRICARE eligibility. In this case, they would need to enroll in their employer's health plan and would not be able to use TRICARE.

• Former Spouse of a NATO or Partners for Peace Nation Member. If the non-military spouse was the former spouse of a member of a North Atlantic Treaty Organization (NATO) or Partners for Peace nation, they may lose their TRICARE eligibility. In this case, they would need to seek health coverage from their own country's health plan.

If you are going through a military divorce and have questions about your military benefits eligibility or any other legal issues, it's essential to seek the guidance of an experienced family law attorney. At Breakup-Better divorce attorneys, we can help you navigate the complex rules and regulations surrounding military divorce, including TRICARE eligibility and other entitlements. We can also assist you in negotiating a fair settlement and protecting your interests throughout the divorce process.

We are committed to providing compassionate, personalized legal representation to each of our clients. That's why we work tirelessly to help our clients achieve the best possible outcomes and move forward with confidence. If you need assistance with a military divorce or have questions about your TRICARE eligibility, contact us today to schedule a consultation with one of our experienced family law attorneys.