For military families navigating the complexities of VA benefits, the 20/20/20 rule is an important provision that can significantly impact eligibility for benefits like healthcare, commissary access, and pensions.
This article explores what the rule entails, who qualifies, and how it applies in real-life scenarios.
Whether you’re in the process of a divorce or curious about maintaining benefits, this guide provides everything you need to know about the 20/20/20 rule.
In this Article
What is the 20/20/20 VA Rule?
The 20/20/20 rule is a regulation that allows certain former spouses of military members to retain access to military benefits after divorce. To qualify, three conditions must be met:
- 20 years of marriage: The marriage must have lasted at least 20 years.
- 20 years of military service: The service member must have completed at least 20 years of creditable military service.
- 20 years of overlap: The marriage and military service must overlap for at least 20 years.
This rule is designed to support spouses who have dedicated a significant portion of their lives to the challenges of military family life, ensuring they continue to receive important benefits.
Benefits Provided Under the 20/20/20 Rule
Spouses who qualify under this rule may retain several key benefits even after the divorce:
- TRICARE Health Insurance
Former spouses can keep TRICARE coverage as long as they do not remarry or obtain their own employer-sponsored health plan. - Military ID and Commissary Privileges
Access to base commissaries, exchanges, and other on-base privileges remains intact. - Pension Protection
In some cases, former spouses are entitled to a portion of the service member’s retirement pay.
Who is Eligible for the 20/20/20 Rule?
Eligibility for the 20/20/20 rule is strict, and failing to meet any of the three conditions disqualifies an individual from the benefits. Here’s a closer look at the requirements:
Marriage Duration
The marriage must have lasted at least 20 years, verified by marriage certificates and divorce decrees.
Military Service
The service member’s 20 years of service must be creditable toward retirement benefits. This includes active duty or National Guard service that counts toward retirement.
Overlap
The 20-year overlap between marriage and military service is crucial. If the overlap is even slightly less, you may qualify for partial benefits under the 20/20/15 rule instead.
“The overlap period is non-negotiable,” explains Sarah Dalton, a military divorce specialist at Armed Forces Legal Advisors. “Even being just a few months short of the 20 years can change the benefits eligibility completely.”
Partial Benefits: The 20/20/15 Rule
If you don’t meet the requirements for the 20/20/20 rule, the 20/20/15 rule might apply. This rule offers limited benefits for former spouses if the overlap between marriage and military service is at least 15 years but less than 20.
| Rule | Marriage Duration | Service Time | Overlap | Benefits |
|---|---|---|---|---|
| 20/20/20 | 20+ years | 20+ years | 20+ years | Full TRICARE, commissary access, retirement pay |
| 20/20/15 | 20+ years | 20+ years | 15-19 years | TRICARE coverage for one year |
Comparison of 20/20/20 and 20/20/15 Rules
| Feature | 20/20/20 Rule | 20/20/15 Rule |
|---|---|---|
| TRICARE Coverage | Full | One Year |
| Commissary and Exchange | Yes | No |
| Retirement Pay | Possible (state-dependent) | No |
“The 20/20/20 rule is one of the more compassionate aspects of military benefit regulations,” says Elaine Harper, Director of Veteran Services at Family Benefit Advocates. “It acknowledges the sacrifices spouses make during long-term military service.”
Steps to Verify Eligibility
If you think you qualify for benefits under the 20/20/20 rule, here’s how to confirm your status:
- Gather Documentation
- Marriage certificates and divorce decrees
- Military service records (e.g., DD Form 214)
- Any documentation showing the overlap period
- Contact the DEERS Office
The Defense Enrollment Eligibility Reporting System (DEERS) maintains military records. They can verify your eligibility and assist in updating your information. - Submit a Request to TRICARE
For continued healthcare benefits, reach out to TRICARE to confirm your status and ensure uninterrupted coverage.
“Former spouses often overlook the importance of having thorough documentation,” says Robert Martinez, a veteran benefits consultant. “Having every detail in order can prevent delays in accessing benefits.”
Common Scenarios and Challenges
Remarriage
Remarriage disqualifies former spouses from retaining benefits under the 20/20/20 rule. However, if the subsequent marriage ends, benefits may be reinstated.
Employment Benefits
If the former spouse obtains employer-sponsored health insurance, TRICARE benefits are no longer available.
Documentation Gaps
Lack of proof for the overlap period is a common issue. Make sure all necessary paperwork is in order before filing for benefits.
Practical Tips for Navigating the 20/20/20 Rule
- Consult a Legal Expert
Work with a lawyer familiar with military divorce to ensure you’re fully informed about your rights. - Keep Copies of All Paperwork
From service records to marriage certificates, keep duplicates of everything. - Act Early
Don’t wait until after the divorce to investigate your eligibility. Start gathering documents and understanding your options as soon as possible.
The Bottom Line
The 20/20/20 VA rule is a vital lifeline for former military spouses, offering healthcare, commissary access, and financial stability.
By meeting the rule’s requirements, spouses can maintain benefits that recognize their significant contributions during the service member’s career.
However, understanding the specifics—such as the 20-year overlap and implications of remarriage—is crucial. Proper planning, thorough documentation, and early action make navigating the process much smoother. If you believe you qualify, reach out to DEERS or a trusted legal advisor to secure your benefits and ensure your post-divorce financial future is well-protected. These benefits are too important to overlook.
Frequently Asked Questions
Can a former spouse keep benefits if they remarry?
No, remarriage disqualifies a former spouse from receiving benefits under the 20/20/20 rule. Once remarried, TRICARE, commissary privileges, and other benefits are no longer accessible. However, if the subsequent marriage ends due to divorce or the death of the new spouse, the former military spouse may have the opportunity to reinstate benefits by reapplying through DEERS and meeting the necessary requirements.
What happens if the overlap between marriage and service is less than 20 years?
If the overlap between marriage and military service is less than 20 years but at least 15 years, the 20/20/15 rule may apply. Under this rule, the former spouse can receive TRICARE coverage for one year following the divorce. However, they won’t retain long-term access to commissary privileges or other benefits provided under the 20/20/20 rule.
Do the rules apply to National Guard members?
Yes, National Guard members can qualify under the 20/20/20 rule, but their service must count toward retirement eligibility. Typically, this includes active-duty service under Title 10 orders or certain Title 32 service if federally recognized. Documentation of service periods and retirement eligibility is critical when applying for benefits.
Are children of the marriage affected by the rule?
No, the 20/20/20 rule only applies to former spouses. Children retain their military benefits, including healthcare and commissary privileges, regardless of their parents’ marital status. These benefits continue as long as the children meet eligibility requirements, such as age or enrollment in school.
Is the 20/20/20 rule automatic?
No, the rule isn’t automatic. Former spouses must actively apply to retain their benefits. This involves gathering documentation, such as marriage certificates and military service records, and submitting the application through DEERS. Failure to apply means benefits will not continue after the divorce is finalized.
Can benefits be reinstated if lost due to remarriage?
Yes, benefits may be reinstated if the subsequent marriage ends due to divorce or the spouse’s death. The former spouse must reapply through DEERS and provide evidence of their eligibility, including proof that the remarriage has legally ended. This process ensures benefits are restored under the original 20/20/20 eligibility.
How does the 20/20/20 rule interact with state laws?
State divorce laws do not impact federal military benefits under the 20/20/20 rule. While state courts may handle the division of property or spousal support, federal regulations govern the eligibility and continuation of military benefits, ensuring a consistent standard nationwide.
What is the role of DEERS in the process?
DEERS (Defense Enrollment Eligibility Reporting System) plays a critical role in verifying eligibility for benefits under the 20/20/20 rule. DEERS maintains military service records, confirms the necessary overlap between marriage and service, and updates benefit status. Former spouses must ensure their information is accurate and up-to-date in DEERS to avoid disruptions in access to benefits.
