Introduction
Divorce is complicated enough without the added complexities of military benefits, timelines, and jurisdictional rules. But for military spouses, these factors often determine what they walk away with after a marriage ends. Among the most significant of these rules is the “20/20/20 Rule”—a provision that offers qualifying former military spouses continued access to valuable benefits, even after divorce. In Tampa, where many families are affiliated with MacDill Air Force Base and other military installations, understanding the 20/20/20 Rule is critical.
This rule can significantly affect a spouse’s access to TRICARE medical coverage, commissary and exchange privileges, and other benefits tied to military service. But qualification is strict, and many spouses fall just short of the thresholds required. That’s why understanding the rule in detail—and how it applies to real-world cases—is essential for both service members and their spouses.
A Tampa divorce lawyer familiar with military divorce law and Department of Defense regulations can provide crucial guidance. This article explains the 20/20/20 Rule in plain terms, breaks down how it’s applied in real-life divorce scenarios, and outlines what Tampa military spouses need to know when approaching divorce proceedings.
What Is the 20/20/20 Rule?
The 20/20/20 Rule is a Department of Defense regulation that provides former military spouses with continued benefits after divorce if they meet the following three criteria:
- 20 Years of Marriage
The marriage must have lasted at least 20 years. - 20 Years of Creditable Military Service
The service member must have completed at least 20 years of service that is creditable for retirement purposes. - 20 Years of Overlap
The marriage and the military service must overlap for at least 20 years.
When all three criteria are met, the former spouse qualifies as a “20/20/20 spouse” and is entitled to keep certain military benefits as if the marriage had not ended.
A Tampa divorce lawyer will evaluate these dates early in the case to determine eligibility for continued benefits and structure settlement negotiations accordingly.
Benefits Available Under the 20/20/20 Rule
For spouses who meet the 20/20/20 requirements, the benefits include:
- TRICARE Health Coverage
The former spouse is eligible for TRICARE medical benefits at no cost, provided they do not remarry or obtain coverage through an employer. - Military ID Card
This includes access to base privileges such as the commissary, exchange, and morale/welfare/recreation (MWR) facilities. - Legal Assistance and Other Services
Continued access to base legal offices, chaplain services, and other programs is often preserved.
These benefits can be substantial, especially for spouses who may have forgone education or career advancement to support a military lifestyle.
A Tampa divorce lawyer will confirm eligibility and include provisions in the final divorce decree affirming the former spouse’s continued benefit rights.
Real-World Scenario #1: The 20/20/20 Spouse Who Qualifies Fully
Maria and Tom were married for 22 years. Tom served in the U.S. Air Force for 24 years. Their marriage overlapped with his service for the full 22 years. When they divorced in Tampa, Maria qualified as a 20/20/20 spouse.
Maria:
- Continued to receive TRICARE benefits
- Retained her military ID card
- Had access to base facilities
- Paid no monthly premium for health insurance
Because she did not remarry and did not have employer-provided health coverage, she continued receiving these benefits uninterrupted.
A Tampa divorce lawyer representing Maria ensured the divorce decree explicitly stated her 20/20/20 status to avoid future confusion at DFAS or TRICARE.
Real-World Scenario #2: The 20/20/15 Spouse Who Qualifies Partially
Linda and Mark were married for 20 years. Mark served in the Army for 25 years. However, their marriage overlapped with his military service for only 17 years. That makes Linda a 20/20/15 spouse.
Under 10 U.S.C. §1072(2)(F), a 20/20/15 spouse:
- Is eligible for one year of TRICARE coverage following divorce
- Retains no long-term commissary or base privileges
- Must secure private coverage after one year or pay out of pocket for healthcare
A Tampa divorce lawyer representing Linda explained that she did not meet the full 20/20/20 threshold and planned her post-divorce transition accordingly, including seeking health insurance options before TRICARE eligibility expired.
Real-World Scenario #3: The 20/19/20 Spouse Who Just Missed Eligibility
Sarah and John were married for 20 years. John completed 22 years of service in the Navy. However, the marriage overlapped with his military service for only 19 years and 10 months.
Sarah fell short of the 20/20/20 requirement by two months.
Despite the long marriage and significant support she gave to John’s career, Sarah was not eligible for continued benefits under the USFSPA or the 20/20/20 Rule. She was also ineligible for temporary TRICARE coverage, since she didn’t meet the 20/20/15 threshold either.
A Tampa divorce lawyer helped Sarah seek spousal support and ensured the marital settlement agreement addressed the loss of benefits by negotiating compensation for private healthcare coverage.
TRICARE Eligibility Requirements for 20/20/20 Spouses
To maintain TRICARE coverage post-divorce, the former spouse must:
- Not be remarried
- Not be covered by an employer’s group health plan
- Have been listed as a dependent in DEERS (Defense Enrollment Eligibility Reporting System) during the marriage
Former spouses may also be asked to periodically verify their continued eligibility.
TRICARE coverage for 20/20/20 spouses is virtually identical to that of active-duty dependents. This includes prescription coverage, doctor visits, hospitalization, and preventive care.
A Tampa divorce lawyer will ensure the final judgment includes necessary DEERS and TRICARE documentation language to avoid delays or denials.
Common Misunderstandings About the 20/20/20 Rule
- It’s Not Automatic
Eligibility must be proven. The former spouse may need to provide a marriage certificate, divorce decree, and proof of service overlap. - It Does Not Grant Retirement Pay
The 20/20/20 rule pertains only to benefits—not to a share of retirement pay. Retirement division is governed by the USFSPA and state equitable distribution rules. - Remarriage Terminates TRICARE
If the former spouse remarries, TRICARE eligibility ends permanently, even if the second marriage ends in divorce. - It Does Not Guarantee Commissary Privileges After Remarriage
Remarriage terminates all 20/20/20 benefits, including access to base facilities.
A Tampa divorce lawyer will counsel clients to fully understand these limitations before relying on long-term military benefit coverage.
Using the 20/20/20 Rule in Settlement Negotiations
When one spouse qualifies as a 20/20/20 spouse, this may influence the negotiation of other financial terms. For example:
- The recipient spouse may not require private insurance coverage, reducing the need for alimony allocated for healthcare.
- The service member may use the continued benefit access as leverage in property or retirement negotiations.
- The spouses may mutually agree to waive future claims if full benefits are preserved.
A Tampa divorce lawyer will factor the value of TRICARE and base privileges into the larger settlement framework, helping each party achieve a balanced resolution.
Impact on Retirement and SBP
While the 20/20/20 Rule grants access to medical and base privileges, it does not affect the division of retirement pay or Survivor Benefit Plan (SBP) elections. Those are governed by:
- The Uniformed Services Former Spouses’ Protection Act (USFSPA)
- State law (in Florida, equitable distribution principles)
- DFAS regulations regarding direct retirement pay
A 20/20/20 spouse may still need to be designated as the beneficiary of SBP coverage to receive benefits if the service member dies. The court must order this, and a deemed election must be filed with DFAS.
A Tampa divorce lawyer will ensure SBP is addressed explicitly and not assumed to be covered by 20/20/20 status.
Documentation Required for 20/20/20 Benefits
Former spouses seeking 20/20/20 status should be prepared to provide:
- Original or certified marriage certificate
- Divorce decree showing the date of final judgment
- DD Form 214 or retirement orders showing dates of service
- DEERS enrollment forms
This documentation should be submitted to the appropriate military personnel office, DFAS, or TRICARE contractor. Errors or incomplete records can delay benefit access.
A Tampa divorce lawyer will assist with assembling these records and may include language in the marital settlement agreement confirming the spouse’s eligibility and obligation to cooperate.
What If Only One of the 20-Year Requirements Is Missed?
Unfortunately, the rule is strict. Missing even one requirement—by months—can result in total loss of eligibility for ongoing military benefits.
However, other benefits may still be available:
- Temporary continuation of healthcare through the Continued Health Care Benefit Program (CHCBP)
- A share of military retirement pay under the USFSPA
- Alimony or equitable offset for the loss of healthcare access
A Tampa divorce lawyer can pursue these alternatives and build compensation into the final settlement if full 20/20/20 benefits are not available.
How a Tampa Divorce Lawyer Helps in 20/20/20 Cases
Divorces involving military benefits are complex and time-sensitive. A Tampa divorce lawyer with military family law experience will:
- Verify 20/20/20 eligibility early in the case
- Coordinate with DFAS and TRICARE for accurate information
- Include appropriate language in the final judgment
- Ensure SBP elections and other survivor benefits are preserved
- Negotiate alimony, health coverage, and property division based on benefit access
- Address cross-state or jurisdictional issues if the couple moved frequently during service
Military divorce law combines federal statutes, state equitable distribution rules, and military-specific regulations. Only a Tampa divorce lawyer deeply familiar with all three can ensure the client’s interests are fully protected.
FAQ: 20/20/20 Rule for Tampa Military Spouses
What is the 20/20/20 Rule?
It provides continued military benefits after divorce if the marriage lasted 20 years, the service member served 20 years, and the two overlapped for at least 20 years.
Does 20/20/20 status entitle me to retirement pay?
No. Retirement pay is divided under different laws. The 20/20/20 Rule pertains only to benefits like TRICARE and base access.
What if I was married for 20 years but only 19 years overlapped with service?
You do not qualify. All three requirements must be met in full.
Will I keep TRICARE after divorce?
Only if you meet the 20/20/20 Rule or, for one year, the 20/20/15 Rule. Otherwise, you will need to purchase private insurance.
What happens if I remarry?
Remarriage permanently ends your 20/20/20 benefits.
Can I use my 20/20/20 status as leverage in settlement negotiations?
Yes. Continued access to health benefits may reduce your need for alimony or other financial support.
Do I need a court order to receive 20/20/20 benefits?
No, but having the status confirmed in your divorce judgment can help ensure smooth processing.
Is 20/20/20 status automatic?
No. You must apply and provide documentation showing you meet all three requirements.
Can I get SBP coverage through 20/20/20 status?
No. SBP is separate and must be ordered by the court and submitted to DFAS.
Should I hire a Tampa divorce lawyer for a military divorce?
Absolutely. Only a Tampa divorce lawyer with military family law experience can ensure your rights and benefits are protected under both state and federal law.
The 20/20/20 Rule is a critical protection for qualifying military spouses in Tampa, offering continued access to healthcare and base privileges long after the marriage ends. But the rule’s strict requirements, combined with the complexities of military divorce law, make proper legal guidance essential. A Tampa divorce lawyer will evaluate eligibility, draft enforceable orders, and help clients understand their rights, obligations, and strategic options when military benefits are on the line. Whether you’re the service member or the spouse, knowing how the 20/20/20 Rule applies to your divorce is essential to securing your future.
The McKinney Law Group: Tampa Divorce Lawyers Helping You Regain Control
Divorce doesn’t have to mean chaos. At The McKinney Law Group, we help clients in Tampa approach divorce with purpose, structure, and control. Our team builds legal strategies that protect what matters most and prepare you for the road ahead.
We assist with:
✔ Divorce filings and procedural guidance under Florida law
✔ Parenting plans tailored to your child’s schedule and needs
✔ Asset division involving homes, savings, and retirement accounts
✔ Alimony and support calculations based on financial realities
✔ Dispute resolution through settlement or litigation
Call 813-428-3400 or email [email protected] to speak with a Tampa divorce attorney.