What a former military spouse walks away from divorce with is governed by four separate federal statutes and their interaction: the 20/20/20 and 20/20/15 rules (10 U.S.C. § 1072 / 1076 / 1408), the Uniformed Services Former Spouses' Protection Act (USFSPA), DoD survivor rules for the Survivor Benefit Plan (SBP), and VA rules for Dependency and Indemnity Compensation (DIC). This page walks through each in plain English so you know exactly what you keep, what you lose, and what your divorce decree needs to say.

The 20/20/20 rule

A former spouse who meets ALL THREE conditions keeps lifetime TRICARE, commissary, and exchange privileges in their own right:

  1. The marriage lasted at least 20 years.
  2. The service member served at least 20 years creditable toward retirement.
  3. The marriage and the service overlapped by at least 20 years.

All three "20"s must be true. If the marriage overlapped only 19 years and 11 months of service, 20/20/20 does not apply — you drop to 20/20/15 (or nothing).

The 20/20/15 rule

Same first two "20"s (20-year marriage, 20-year service), but with only a 15-year overlap. Under 20/20/15, the former spouse gets 1 year of transitional TRICARE starting on the date the divorce is final — no commissary or exchange privileges after that.

USFSPA — dividing military retired pay

The Uniformed Services Former Spouses' Protection Act (10 U.S.C. § 1408), passed in 1982, lets state divorce courts treat military retired pay as marital property. Two important nuances:

TRICARE after divorce

Absent 20/20/20 or 20/20/15, TRICARE eligibility ends on the date the divorce is final. The former spouse can buy into the Continued Health Care Benefit Program (CHCBP) — a COBRA-like plan — for 36 months. CHCBP is expensive (comparable to individual-market premiums) but bridges the gap if you need continuous coverage.

Survivor Benefit Plan (former-spouse SBP)

If the divorce decree awards SBP coverage to the former spouse, or a voluntary "former spouse" election is made, SBP pays a monthly annuity to the ex if the retiree pre-deceases them. The election must be filed with DFAS within 1 year of divorce or the ex loses the right. Once elected, former-spouse SBP is irrevocable — the retiree cannot switch back to spouse SBP for a subsequent marriage.

DIC after remarriage

Dependency and Indemnity Compensation (DIC) pays a monthly benefit to a surviving spouse of a veteran who died from a service-connected condition. Historically, remarriage before age 55 terminated DIC. The rule has been eased over time; as of 2020 remarriage after age 55 preserves DIC in perpetuity, and remarriage under 55 still terminates it — but DIC is reinstated if that subsequent marriage ends by death or divorce.

FAQs

Do I automatically get half of my ex's military retirement?

No — the state court decides based on state property law. USFSPA only permits the division, it doesn't mandate a 50/50 split.

My marriage lasted 19 years and 11 months. Am I eligible for anything?

You may qualify for CHCBP transitional coverage and, if the state court awarded it, a share of retired pay if the 10/10 rule is met. But not 20/20/20 or 20/20/15 benefits.

Does the ex have to be included in SBP?

Only if the divorce decree requires it, or if the retiree voluntarily elects. It's a common negotiating point — SBP premiums are ~6.5% of retired pay, which can be a meaningful trade in the settlement.

What happens to my dependent ID?

Turned in at the ID card office on divorce date, unless you qualify under 20/20/20 or 20/20/15. Not turning it in is a federal offense.

See the SBP guide, our DIC vs SBP explainer, and the Military Spouse hub.