Military divorce involves complex federal laws governing how retirement pay is divided and whether former spouses retain access to military benefits. The "20/20/20 rule" is one of the most consequential standards in military family law — and it is frequently misunderstood by both servicemembers and their spouses.

What Is the Uniformed Services Former Spouses' Protection Act (USFSPA)?

The USFSPA (10 U.S.C. § 1408) is the federal law that governs how military retirement pay can be divided in divorce. Per DFAS.mil, state courts are permitted (not required) to divide military retirement pay as marital property. DFAS can pay a former spouse's share of retirement pay directly to them if a qualifying court order exists — but only if the former spouse meets specific criteria.

The 10/10 Rule for Direct Payment

For DFAS to make direct payments to a former spouse, the couple must have been married for at least 10 years with at least 10 years of the marriage overlapping with the servicemember's creditable military service. This is called the "10/10 rule."

If this threshold is not met, the court can still award a former spouse a share of retirement pay in the divorce decree — but DFAS cannot pay the former spouse directly. Payment would have to come from the servicemember.

The 20/20/20 Rule for Full Military Benefits

A former spouse who meets all three 20-year standards retains access to full military benefits:

  1. The servicemember completed at least 20 years of creditable service toward retirement
  2. The marriage lasted at least 20 years
  3. The marriage and the period of creditable service overlapped by at least 20 years

A former spouse who qualifies under the 20/20/20 rule retains access to TRICARE, commissary and exchange privileges, and military installation access — just as if they were a current military dependent.

The 20/20/15 Rule

A former spouse who meets the first two 20-year standards but has only a 15-year overlap (20 years of service, 20-year marriage, 15-year overlap) may qualify for TRICARE coverage only for a transitional period of 1 year after the divorce — not permanent access.

Survivor Benefit Plan in Divorce

A court order can require a servicemember to elect SBP coverage for a former spouse. If SBP is awarded as part of a divorce decree, the servicemember must notify DFAS within one year of the court order to establish former-spouse SBP coverage.

KEY TAKEAWAYS:

  • The 10/10 rule governs whether DFAS can pay a former spouse directly (10 years of marriage + 10 years overlapping service)
  • The 20/20/20 rule governs whether a former spouse retains TRICARE, commissary, and exchange access after divorce
  • The 20/20/15 rule provides 1 year of transitional TRICARE only — not permanent benefits
  • SBP can be awarded to a former spouse in a divorce decree — servicemember must notify DFAS within 1 year
  • Contact DFAS and consult a licensed military divorce attorney for specific guidance on your situation