Divorce can raise difficult questions when you have built your life around your spouse’s military career. You may wonder whether ending your marriage also means losing access to benefits you have relied on for years. Fortunately, certain federal rules can help some former military spouses keep important benefits after divorce.
Here are the requirements you need to understand.
20 years of marriage
You need at least two decades of marriage to satisfy the first part of the rule. The calculation starts with your legal marriage date and ends when your divorce becomes final.
For example, living together for five years before getting married does not add those years to the length of your marriage. If you then divorce after 18 years of marriage, you would fall short of the 20-year requirement.
20 years of military service
Your spouse also needs at least two decades of qualifying military service. The service must count toward military retirement eligibility, but your spouse does not necessarily have to retire before you divorce.
This requirement focuses on your spouse’s military service rather than the length of your marriage. You therefore need to look at both timelines separately before determining whether you qualify.
20 years of overlapping marriage and service
At least two decades of your marriage must coincide with your spouse’s qualifying military service. This third requirement makes the timing of your marriage especially important.
For instance, imagine that you remained married for 25 years while your spouse completed 22 years of qualifying service. If only 18 years of the military career occurred during your marriage, you would not qualify under this rule.
Benefits for qualifying former spouses
Meeting the three requirements can allow you to retain certain military benefits after divorce, provided you continue to meet the other eligibility conditions. These benefits can include:
- TRICARE health coverage
- Commissary privileges
- Exchange privileges
- Certain morale, welfare and recreation privileges
Federal rules also place conditions on continued eligibility. For example, remarriage generally affects your ability to retain former-spouse benefits, while other requirements can apply to TRICARE eligibility.
Protect your benefits before divorce
The 20/20/20 rule can help you retain valuable benefits when your marriage and your spouse’s military service meet the required timelines. Before finalizing your divorce, review your marriage and service dates carefully so you know whether you qualify and which benefits you could retain.
An attorney familiar with military divorce can review your records with you and help address these benefits as part of the divorce process.
