Military divorces are often complex since there are elements that civilians don’t encounter, specifically when it comes to benefits and long-term financial support. The 20/20/20 rule comes up and usually has misunderstandings surrounding it.
What is the 20/20/20 Rule?
The 20/20/20 rule is listed at the federal level that can be applied through certain military divorces, and it determines the specific military benefits that former spouses can receive once it’s finalized. In order to qualify, there are three requirements that need to be met:
- The marriage must have lasted at least 20 years
- The service member must have completed at least 20 years of creditable military service
- There must be at least 20 years of overlap between the marriage and military service
Since this is a federal rule, it applies throughout the nation. Even though this is the case, it’s often misunderstood. The rule does not automatically apply just because a member served for 20 years or because a marriage was long-term. All three of these elements have to be satisfied and the necessary documentation of marriage dates and history is required.
What Benefits Does the 20/20/20 Rule Provide?
Once a former spouse qualifies under the 20/20/20 rule, they could be entitled to receive military benefits within their own scope, and not through their former partner. These benefits usually include TRICARE health care coverage along with access to military commissaries and some basic facilities. Many former spouses view health care access as one of the most important aspects of the rule.
These benefits typically remain in place as long as the former spouse doesn’t remarry. It’s key to understand that benefits are not automatically granted at the time of divorce and that they need to be established through the right military channels. If this eligibility is not addressed correctly, then it could result in a loss of benefits.
What the 20/20/20 Rule Does Not Cover
A misconception is that the 20/20/20 rule covers all aspects of a military divorce. The rule does not determine how military pay is divided between spouses, whether spousal support will be awarded or contribute to anything pertaining to child custody and visitation. Those are all elements that are handled by California courts.
In addition, the 20/20/20 rule does not guarantee financial support from the spouse who served. It only covers the eligibility for certain military benefits following divorce. Being able to understand and differentiate what the rule does not provide in comparison to what it does can prevent unrealistic expectations throughout divorce negotiations.
What Happens if the 20/20/20 Rule is Not Met?
If a former spouse doesn’t meet the requirements of the 20/20/20 rule, that doesn’t mean there aren’t options. In certain cases, a former spouse could qualify under the 20/20/15 rule, which still allows for certain benefits like temporary TRICARE coverage after the divorce. Even though this is more limited, these benefits can still help provide short-term support.
Even when this rule applies, former spouses could still have rights to retirement pay that is listed under the Uniformed Services Former Spouses’ Protection Act. Each military divorce is unique and therefore benefits are decided based on federal and state rules.
Common Mistakes in Military Divorces
Typical mistakes made in military divorces include believing that the rule dictates every aspect of it, relying on informal agreements rather than official documentation, and not seeking proper legal guidance. Missing benefit deadlines is another known area of struggle when it comes to properly navigating this divorce process. Failing to understand how California laws interact with federal laws can also lead to errors, which further stresses the importance of receiving the right legal advice.
Seeking Legal Guidance
The best way to approach a military divorce is through having experienced legal representation. Men’s Legal Center in San Diego is ready to provide this help. Make sure you reach out for your free case review as soon as possible.