former spouse TRICARE, base privileges, and VA loans after divorce
20/20/20 Military Divorce Rule: TRICARE, Former Spouse Benefits, and VA Loans
The 20/20/20 rule is a Military divorce benefit standard, not a VA loan rule. When the marriage, creditable service, and overlap between them each reached 20 years, the unremarried former spouse may keep TRICARE and base privileges. The 20/20/15 rule provides one year of TRICARE when overlap is 15 to 19 years. Neither rule creates VA loan entitlement.
Next step:
Check Your VA Loan Options
The Three Tests
- Twenty years of marriage. The marriage lasted at least 20 years, measured from the marriage date to the date of the final decree of divorce, dissolution, or annulment. [Statute] · 10 USC 1072(2)(F)
- Twenty creditable years of service. The Service member performed at least 20 years of service creditable toward retirement or retainer pay; the member does not have to be retired. [DoD] · Military OneSource
- Twenty years of overlap. At least 20 of the marriage years fell during creditable service. [Statute] · 10 USC 1072(2)(F)
- Unremarried status required. The former spouse must be unremarried and must not have medical coverage under an employer-sponsored health plan. [Statute] · 10 USC 1072(2)(F)
What 20/20/20 Keeps
- TRICARE medical coverage. The unremarried former spouse defined by 10 USC 1072(2)(F) qualifies as a dependent for TRICARE purposes, for as long as they remain otherwise eligible. [Statute] · 10 USC 1072(2)(F)
- Commissary, exchange, and MWR. 10 USC 1062 entitles the unremarried 20/20/20 former spouse to use commissary stores and MWR retail facilities. [Statute] · 10 USC 1062
- Military ID card in your own name. Once the service personnel component confirms eligibility and DEERS reflects the status, a new ID card is issued. [DoD] · Military OneSource
- Employer health plan condition. TRICARE eligibility ends if the former spouse purchases and is covered by an employer-sponsored health plan. [Statute] · 10 USC 1072(2)(F)
20/20/15 and CHCBP
- Fifteen-year overlap. If overlap is at least 15 years but less than 20, with 20 years of marriage and 20 of service, the former spouse may receive one year of TRICARE from the divorce date. [Statute] · 10 USC 1072(2)(H)
- Divorce date matters. The one-year rule applies to divorces finalized on or after April 1, 1985; divorces before that date fall under the pre-1985 provision with different terms. [Statute] · 10 USC 1072(2)(G)/(H)
- CHCBP as a bridge. The Continued Health Care Benefit Program is a premium-based plan for former spouses who lose TRICARE; contact TRICARE for enrollment terms. [DoD] · Military OneSource
- No base privileges. Commissary and exchange access does not extend to the 20/20/15 former spouse. [Statute] · 10 USC 1062 (limited to (F)(i))
VA Loans and Divorce
- No COE from 20/20/20. The rule does not transfer VA home loan entitlement; a former spouse cannot use the Veteran's VA loan benefit to buy a home. [VA.gov]
- Surviving spouse eligibility. An unremarried surviving spouse of a Veteran who died from a service-connected cause may qualify for a VA home loan on their own. [VA.gov]
- Assumption after divorce. When a divorce decree awards the VA-financed home to the former spouse, a VA-approved assumption may be required to release the Veteran of liability. [VA rule] · Ch. 5 Topic 6
- Substitution of entitlement. If the assumer is an eligible Veteran, their entitlement can replace the original Veteran's, freeing that entitlement for reuse. [VA rule] · Ch. 2 Topic 3
Top questions before you dig in
Does the 20/20/20 rule give a former spouse a VA loan?
No. The 20/20/20 rule governs TRICARE and base privileges after a Military divorce. It does not transfer VA home loan entitlement to a former spouse. VA loan eligibility depends on the individual's own qualifying Military service or, for surviving spouses, on a service-connected death and DIC eligibility.
What happens to TRICARE if a 20/20/20 former spouse remarries?
The statute requires the former spouse to be "unremarried." Remarriage ends the status that 10 USC 1072(2)(F) defines, and with it the eligibility that depends on that status.
What if the overlap is under 15 years?
If overlap falls below 15 years, neither the 20/20/20 nor 20/20/15 rule applies. The former spouse does not qualify for continued TRICARE, a Military ID card, or base privileges through these provisions. Military OneSource identifies the Continued Health Care Benefit Program as an option; contact TRICARE for enrollment terms.
The Bottom Line Up Front
The 20/20/20 rule is a federal provision in 10 USC 1072 that defines when an unremarried former spouse of a Military Service member may keep TRICARE, commissary, exchange, and MWR privileges after divorce.
It requires 20 years of marriage, 20 creditable years of Military service, and 20 years of overlap between the two. The member does not have to be retired for the former spouse to qualify. The rule does not create VA loan entitlement, does not automatically divide retired pay, and does not survive remarriage. Retired pay division requires a separate court order under 10 USC 1408.
Who the Rule Covers
The statute defines the qualifying former spouse as someone who, on the date of the final decree of divorce, dissolution, or annulment, had been married to the member for at least 20 years during which the member performed at least 20 years of creditable service. "Creditable service" means service that counts toward the member's eligibility for retired or retainer pay. Active duty counts. Reserve and Guard service counts when it is creditable toward retirement under the applicable reserve retirement system. The service personnel component of the member's branch verifies creditable years.
The member does not have to be retired from active duty for the former spouse to qualify.
| Scenario | Marriage | Service | Overlap | Result |
|---|---|---|---|---|
| Married 1998, divorced 2020, served 1996-2018 | 22 yr | 22 yr | 20 yr | Meets 20/20/20 |
| Married 2000, divorced 2022, served 1999-2019 | 22 yr | 20 yr | 19 yr | 20/20/15 (one year TRICARE) |
| Married 2001, divorced 2021, served 1990-2010 | 20 yr | 20 yr | 9 yr | Neither (CHCBP option) |
What a 20/20/20 Former Spouse Keeps
TRICARE
The statute includes the unremarried 20/20/20 former spouse in the definition of "dependent," which is the basis for TRICARE eligibility. Coverage continues for as long as the former spouse remains unremarried and does not have medical coverage under an employer-sponsored health plan.
ID Card and DEERS
Once the service personnel component confirms that the former spouse meets the 20/20/20 criteria, a new Military ID card is issued in the former spouse's own name. The former spouse is registered in DEERS under their own Social Security number.
Commissary, Exchange, and MWR
Under 10 USC 1062, the unremarried 20/20/20 former spouse is entitled to use commissary stores and MWR retail facilities to the same extent and on the same basis as the surviving spouse of a retired member. Exchange (PX/BX) shopping is included under the same authority.
20/20/15 and the One-Year Rule
When the marriage and service each reached 20 years but overlap was at least 15 and less than 20, the 20/20/15 rule applies. For divorces finalized on or after April 1, 1985, the former spouse receives TRICARE coverage for one year from the date of the final decree. Divorces before April 1, 1985 fall under a separate pre-1985 provision with different terms. Commissary, exchange, and MWR privileges do not extend to the 20/20/15 former spouse.
CHCBP: Coverage After TRICARE Ends
Military OneSource identifies the Continued Health Care Benefit Program as an option for former spouses who lose TRICARE eligibility. CHCBP is a premium-based plan. A former spouse who does not qualify for 20/20/20, or whose 20/20/15 year expires, should contact TRICARE directly for enrollment terms, deadlines, and costs.
Retired Pay Is a Separate Question
The 20/20/20 rule does not entitle the former spouse to a share of Military retired pay. Retired pay division is governed by the Uniformed Services Former Spouses' Protection Act (USFSPA), codified at 10 USC 1408. A court order is required for any division.
- 10/10 rule for direct payment. DFAS will pay the former spouse's share directly only if the marriage overlapped at least 10 years of creditable Military service. Without the 10/10 overlap, the member pays the former spouse directly under the court order.
- 50 percent cap. The total amount of disposable retired pay payable under all court orders may not exceed 50 percent.
- DD Form 2293. The former spouse submits this form to request direct payment under a qualifying court order.
- Survivor Benefit Plan deemed election. Under 10 USC 1450(f)(3)(C), the former spouse must submit the request within one year of the date of the court order. Missing that deadline forfeits the deemed election.
Remarriage: Effect by Benefit
| Benefit | Effect of remarriage | Source |
|---|---|---|
| TRICARE | Ends; "unremarried" status required by statute | 10 USC 1072(2)(F) |
| Military ID card | Revoked; "unremarried" status required by 10 USC 1072(2)(F) | 10 USC 1072(2)(F) |
| Commissary, exchange, MWR | End with ID card revocation; tied to 1072(2)(F)(i) status | 10 USC 1062 |
| SBP annuity | Ends upon remarriage before age 55; may resume if that marriage ends | 10 USC 1450 |
Children After Divorce
The 20/20/20 rule applies only to the former spouse. According to Military OneSource, eligible biological and adopted children of the service member may receive TRICARE benefits up to age 21, or age 23 if enrolled in college, regardless of the parents' divorce.
How to Verify and Claim Benefits
- Contact the service personnel component. The member's branch of service verifies creditable years and confirms 20/20/20 or 20/20/15 eligibility.
- Update DEERS. Bring the marriage certificate, final divorce decree, and documentation of the member's service dates to a Military ID card office.
- Obtain a new Military ID card. Once DEERS reflects the former spouse status, the ID card office issues a card in the former spouse's own name.
- Enroll in TRICARE. Register under your own Social Security number. Plan options depend on age, location, and Medicare status.
- Contact DFAS separately for retired pay. If the divorce decree awards a share of retired pay, submit DD Form 2293 to DFAS. This is a separate process from TRICARE and ID card enrollment.
- File for SBP within one year. If the court order requires Survivor Benefit Plan coverage, the former spouse must submit the request within one year of the court order per 10 USC 1450(f)(3)(C).
VA Loans and Divorce
No COE from 20/20/20
The 20/20/20 rule does not create VA home loan eligibility. A former spouse cannot use the Veteran's Certificate of Eligibility to buy a home. If the former spouse has their own qualifying Military service, they may have their own VA loan entitlement based on that service.
Surviving Spouse VA Loan Eligibility
Separately from the 20/20/20 rule, an unremarried surviving spouse of a Veteran who died from a service-connected cause may qualify for a VA home loan. Surviving spouses who remarried on or after age 57 or on or after December 16, 2003 may also qualify. DIC-receiving surviving spouses are exempt from the VA funding fee.
A Joint VA Mortgage After Divorce
When a divorce decree awards a VA-financed home to one party, the loan does not automatically transfer. The VA loan is not assumable without the approval of the VA or its authorized agent.
- Veteran awarded the property. The transfer does not require VA approval, assumption, or a VA release letter. The Veteran or ex-spouse provides the finalized divorce decree and recorded ownership transfer document to the servicer.
- Former spouse awarded the property. This is considered an unrestricted transfer of ownership. An assumption may be required to release the Veteran of liability. The former spouse must meet VA credit underwriting standards, and a funding fee applies unless the assumer is exempt.
- Release of liability. Upon an approved assumption, the original borrower is relieved of liability to the VA. Without a release, the original Veteran remains liable if the loan defaults.
- Substitution of entitlement. If the assumer is an eligible Veteran with enough entitlement, their entitlement can be substituted for the original Veteran's, freeing that entitlement for future use.
Frequently Asked Questions
What happens to 20/20/20 benefits when a former spouse remarries?
The statute defines the qualifying former spouse as "unremarried." Remarriage ends that status and the TRICARE, ID card, and base privileges that depend on it.
Does declining an employer health plan preserve TRICARE?
The statute conditions eligibility on not having medical coverage under an employer-sponsored health plan. If the former spouse does not enroll in the employer plan and is not covered by it, TRICARE eligibility is not affected by the existence of the offer alone. The determining factor is whether the former spouse has coverage, not whether coverage is available.
Do biological children lose TRICARE after a Military divorce?
No. Eligible biological and adopted children of the service member may receive TRICARE benefits up to age 21, or age 23 if enrolled in college, regardless of the parents' divorce.
What if the divorce was finalized before 1985?
Divorces finalized before April 1, 1985 fall under 10 USC 1072(2)(G), the pre-1985 20/20/15 provision, which has different terms than the post-1985 one-year version. The former spouse should verify their specific situation with the service personnel component and TRICARE.
Does the 20/20/20 rule apply to National Guard and Reserve Service members?
The rule applies to any Service member with 20 creditable years. For Guard and Reserve members, only service that is creditable toward retirement eligibility under the applicable reserve retirement system counts. The service personnel component determines how many creditable years the member has. Active duty service under Title 10 orders counts, and certain Title 32 service may count when federally recognized.
What is the 10/10 rule and how does it differ from 20/20/20?
The 10/10 rule is not about TRICARE. It is a DFAS direct-payment threshold under 10 USC 1408. When the marriage overlapped at least 10 years of creditable service, DFAS will send the former spouse's court-ordered share of retired pay directly. Without the 10/10 overlap, the member pays the former spouse under the court order, but DFAS does not handle the payments.
Is there a time limit on the SBP deemed election?
Yes. Under 10 USC 1450(f)(3)(C), the former spouse must submit the request to the Secretary concerned within one year of the date of the court order or filing. Missing that deadline forfeits the deemed election.
Can a former spouse keep a VA loan after divorce?
A former spouse awarded the home in a divorce may continue making payments on the existing VA loan, but a formal assumption approved by the VA or its authorized agent is needed to release the Veteran from liability. The former spouse must meet VA credit underwriting standards. Without an approved assumption, the Veteran remains liable for the loan.
How We Researched This Page
Every fact traces to a primary source fetched and quoted during research: 10 USC 1072 via uscode.house.gov (the 20/20/20 and 20/20/15 definitions, employer health plan condition); 10 USC 1408 (50 percent cap, ten-year overlap for direct payment); 10 USC 1062 (commissary and MWR entitlement); 10 USC 1450 (SBP deemed election one-year deadline); Military OneSource (creditable service, member need not be retired, children, CHCBP reference); VA.gov (surviving spouse eligibility, DIC funding fee exemption); 38 USC 3714 (assumption approval); and the VA Loan Guaranty Conference 2023 Assumptions presentation (transfer distinction, substitution of entitlement).
Resources Used
- 10 USC 1072: Definitions (dependent, including former spouse)
- 10 USC 1450: Survivor Benefit Plan (deemed election)
- 10 USC 1408: Payment of Retired or Retainer Pay
- 10 USC 1062: Commissary and MWR for Certain Former Spouses
- Military OneSource: Rights and Benefits of Divorced Spouses
- VA.gov: Home Loans for Surviving Spouses
- VA.gov: VA Funding Fee and Closing Costs
- 38 USC 3714: Assumptions; Release from Liability
- VA Loan Guaranty Conference 2023: Assumptions (PDF)