${site.data.firmName}${SEMFirmNameAlt} Main Menu
Call Today: 855-805-0595

The 20/20/20 rule for military divorces

50864636_S.jpgIllinois residents who are married to a member of the military and getting a divorce may wonder how their healthcare and other benefits will change. What happens after a divorce depends on the length of the marriage, how long a spouse has served in the military and the amount of time military service and marriage overlapped.

When figuring out whether benefits continue after a military divorce, the "20/20/20 rule" applies. This means that a marriage must have lasted for at least 20 years, a spouse must have served for at least 20 years and the marriage must overlap with the service for 20 years or more. Anyone who was married to a military service member for less than 20 years does not receive any benefits, and any current benefits end when the divorce is finalized.

There a few exceptions to the 20/20/20 rule. One could receive temporary benefits when a military member has served at least 20 years and a marriage lasts at least 20 years if the marriage and the military service overlap for at least 15 years. This allows a spouse to receive one transitional year of Tricare effective on the divorce date. The 20/20/20 rule does not apply to children, so they can receive military benefits after a divorce.Eligible parties can use Tricare, the commissary and the exchange after a marriage is dissolved. Benefits end if the former spouse of a service member remarries, but the benefits children receive do not end after remarriage.

Ending a marriage is sometimes more difficult when one or both parties are in the military as scheduling conflicts can arise due to active duty and deployment. Forming a settlement arrangement might be easier if it negotiated with the help of the parties' respective attorneys.

No Comments

Leave a comment
Comment Information
2015 Top 100 Lawyers - ASLA Lead Counsel Rated Rated By Super Lawyers American Legal Institute | America's Top Attorneys 2016 Nation's Premier Top Ten Ranking 2016 | NAFLA 10 Best 2014-2017 | 4 Years Client Satisfaction | American Institute of Family Law Attorneys ™ Avvo Rating 10.0 Superb The National Trial Lawyers National Association of Distinguished Counsel | Nation's Top One Percent National Academy of Jurisprudence Rue Rating | Best Attorneys Of America | Lifetime Charter Member The National Advocates Top 100 Lawyers | America's Premier Attorneys Law Firm 500 | 2016 Honoree America's Top 100 Attorneys American Jurist Institute Top 10 Attorneys American Jurist Institute Top 10 Attorneys 2017
Stange Law Firm, PC

Stange Law Firm, PC
115 Lincoln Place Ct.,
Se. 101
Belleville, Illinois 62221

Toll Free: 855-805-0595
Fax: 314-963-9191
Law Office Map