What You Need to Know About The 20/20/20 Rule in Military Divorce
The 20/20/20 rule is a set of requirements that must be met for a former military spouse to continuously qualify for medical benefits, commissaries, and exchanges. This is often associated with Tricare, the healthcare program for current and retired uniformed military service members and their families. Here’s everything you need to know about the 20/20/20 rule in military divorce.
The 20/20/20 rule in military divorce has three requirements: the couple must have been married for at least 20 years, the spouse in the military must have served in the military for at least 20 years, and there must be at least a 20-year overlap between the marriage and the military service.
How Does Divorce Affect Tricare Coverage?
Under Tricare, divorce is a Qualifying Life Event. If the 20/20/20 rule is not met, the non-service member’s Tricare coverage ends on the day of the couple’s divorce.
Tricare coverage of the service member and of the couple’s children does not change until they age out. If the civilian spouse takes on sole custody of the child or children, the children would lose Tricare coverage as well.
If the non-service member meets certain requirements, such as the 20/20/20 rule, their coverage under Tricare continues. Coverage would end if they remarry following the divorce unless they remarry another service member.
The 20/20/20 Rule
If an active duty or retired service member and a non-service member divorce, the non-service member is eligible for Tricare coverage under their own name and Social Security number if they meet the 20/20/20 rule.
The 20/20/20 rule has three requirements: the couple must have been married for at least 20 years, the service member must have served for at least 20 years and there must be at least a 20-year overlap between the marriage and the time of service.
If the non-service member meets the requirements, they will be issued a new identification card with their name and Social Security number the first time they renew their identification card after the divorce.
Related: Military Divorce in California: Rights, Process, and Benefits
Health Plan Options
If the non-service member is determined to be eligible for Tricare, they are covered with the same health plan benefits as a retired service member. Depending on where they live, they are eligible for the following plans:
- Tricare Prime
- Tricare Select
- US Family Health Plan
- Tricare for Life
- Tricare Select Overseas
Losing Tricare Eligibility
If a non-service member qualifies for Tricare under the 20/20/20 rule, the individual could still lose eligibility under any of the following scenarios.
- Remarrying (unless they marry another active duty or retired service member)
- Purchasing and being covered by a health plan sponsored by an employer
- Being the former spouse of a North Atlantic Treaty Organization or Partners for Peace nation member
FAQs About The 20/20/20 Rule in Military Divorce
How do I verify my 20/20/20 rule eligibility?
You must verify your eligibility as recorded in the Defense Enrollment Eligibility Reporting System (DEERS).
Who determines if I met the 20/20/20 rule eligibility criteria?
A Service Personnel Component will determine your eligibility for the 20/20/20 rule.
Is there another rule I might meet if I don’t meet the 20/20/20 eligibility criteria?
The 20/20/15 rule is another way in which divorced non-service members can keep their Tricare coverage. The 20/20/15 rule requires that the service member has at least 20 years of creditable service towards determining retirement pay, that you’ve been married for at least 20 years, and that there is at least a 15-year overlap between the marriage and the service counting towards the service member’s retirement. More information on the 20/20/15 rule can be found on Tricare’s website.
Contact Us
If you or a loved one have any more questions about the 20/20/20 rule in a military divorce, contact us. Get your free consultation with one of our California Divorce Attorneys today!