Strong Legal Representation
For Life's Toughest Moments

When are you eligible for benefits in a military divorce?

On Behalf of | Jan 6, 2022 | Family Law |

As a non-servicemember living in Indiana, you may question whether you might be able to continue to take advantage of military benefits if you divorce your servicemember spouse. For example, TRICARE health insurance and the use of a military commissary are among the benefits military families enjoy. However, you may not be able to use them after a divorce unless you meet the criteria dictated by the 20/20/20 rule.

According to Military.com, the 20/20/20 rule gives you a way to figure out if you get to continue to use military benefits when your marriage to a service member ends.

Understanding 20/20/20 military divorce rule criteria

The 20/20/20 rule dictates that your marriage to a member of the military must have lasted at least 20 years. Additionally, it asserts that your spouse’s service term must have been at least 20 years. Furthermore, it states that your marriage and your spouse’s service term must have overlapped by at least a 20-year period.

Failing to meet 20/20/20 rule guidelines

If the above criteria do not apply to you, then you, unfortunately, do not get to retain access to TRICARE health insurance and other benefits reserved for military families after your split. Yet, if your marriage was at least 20 years and your spouse’s service term was at least 20 years, but the two only overlapped for 15 years, you may be able to qualify for one more year of transitional TRICARE insurance.

Please note that if you and your ex who is a member of the military share children together, your children may still take advantage of military benefits even if you are unable to do so.