What Is the “20/20/20 Rule” in an Illinois Military Divorce?

 Posted on September 04, 2020 in Divorce

Being a military spouse is no easy task. Depending on your spouse’s position in the military, he or she may have served time overseas, leaving you to run the household on your own for months at a time. All of the stress and uncertainty that the military life can bring can begin to take a toll on your marriage after a while. The most common question military spouses have when they file for a divorce is, “Will I get to keep my benefits?” These benefits include things such as access to the military base and its facilities, the base commissary and exchange, and eligibility for Tricare, which is healthcare available only to military members and their dependents. If you are a military spouse and you are thinking about getting a divorce, an Illinois divorce attorney will be able to help you figure out what benefits you may be eligible for after a divorce.

Understanding the 20/20/20 Rule

In some cases, if you are divorcing a spouse who was or is in the military, you may be eligible and entitled to certain benefits if you meet the right criteria. Over the years, there have been various rules that have been created to protect the rights of service members while also protecting the rights of their family members. One such rule has been dubbed the “20/20/20 rule.”

The major benefit of this rule is to allow long-time ex-spouses of military members to continue to receive Tricare healthcare benefits after they have divorced, though the rule also allows the spouse to access the commissary and exchange. Not all spouses are eligible for this, however. To be eligible under the 20/20/20 rule, all of the following must be true:

• The service member must have served at least 20 years of creditable service

• The marriage lasted at least 20 years

• The period during which the marriage took place and the service member was in the military lasted at least 20 years

Contact a Kane County Divorce Lawyer Today

If you have been contemplating the idea of divorce, you should discuss your options for your divorce with a knowledgeable North Aurora divorce attorney. At the Law Office of Matthew M. Williams, P.C., we know firsthand how complicated divorce can get. Even when you are dealing with a couple who is not affiliated with the military, obtaining a divorce can be an ordeal. To schedule a free consultation and get the legal process started, call our office today at 630-409-8184.

Sources:

https://www.military.com/benefits/military-legal-matters/uniformed-services-former-spouse-protection-overview.html

https://www.law.cornell.edu/cfr/text/32/161.19