Fort Lauderdale Military Divorce: What the 20/20/20 Rule Means for Your Benefits

If you are divorcing a service member in Fort Lauderdale and had a long military marriage, you may be able to keep TRICARE health coverage, commissary privileges, and access to other installation-based benefits. However, that’s provided you meet specific conditions and that your divorce decree is drafted correctly.

Understanding the 20/20/20 rule and making sure it is properly addressed can protect benefits that are easily worth five figures or more over your lifetime. Our experienced Fort Lauderdale military divorce lawyer explains how the rule works and steps to protect your eligibility.

The 20/20/20 Rule in a Fort Lauderdale Military Divorce

Under the Uniformed Services Former Spouses’ Protection Act and related federal regulations, the 20/20/20 rule applies in Fort Lauderdale military divorces where a couple was married a minimum of 20 years, one of the spouses completed at least 20 years of creditable service toward military retirement, and the marriage overlapped for at least 20 years during that time.

According to the TRICARE website, former spouses may be eligible for the same TRICARE coverage they had during the marriage, commissary and exchange privileges, and other installation-based services. However, important facts to keep in mind about the 20/20/20 rule:

• You must meet all three conditions.
• TRICARE eligibility ends permanently if you remarry.
• The 20/20/20 rule governs health and installation access only; it does not determine how military retirement pay is divided.
• The related 20/20/15 rule provides one year of transitional TRICARE coverage when the overlap between the marriage and creditable service is between 15 and 20 years.
• Former spouses who do not qualify under either rule may purchase up to 36 months of temporary coverage through the Continued Health Care Benefit Program.

In addition to the above, your divorce decree must also contain specific language confirming your eligibility in terms that TRICARE and DFAS will accept.

Protecting 20/20/20 Benefits in a Fort Lauderdale Military Divorce

20/20/20 benefits can play an important role in divorce recovery. Unfortunately, administrative errors and missing language often lead to benefit denials and disruptions.

To protect your rights to benefits in a Fort Lauderdale military divorce, take these steps:

• Verify the exact dates of your marriage, the service member’s entry into service, and the anticipated divorce date.
• Ensure your final divorce decree explicitly states your 20/20/20 eligibility and all required TRICARE information.
• Address the Survivor Benefit Plan separately in your settlement, since 20/20/20 status does not automatically provide survivor benefits.
• Promptly notify the Defense Enrollment Eligibility Reporting System (DEERS) after the divorce is entered to avoid any coverage gap.

Getting these details right at the time of your divorce is far easier than correcting errors or disputes after the fact.

Contact Our Experienced Fort Lauderdale Military Divorce Lawyer Today

Military benefits play a major role in your financial security after a long military marriage. To make sure your rights to these benefits are protected, reach out to Vanessa L. Prieto Law Offices. Contact our office and request a consultation with our experienced Fort Lauderdale military divorce lawyer today.

Sources:

tricare.mil/Plans/Eligibility/FormerSpouses

dfas.mil/garnishment/usfspa/