Military Benefits and Divorce—What Survives the Split
Military life comes with many unique benefits, among them access to commissaries and exchanges—privileges that help military families manage living costs through discounted groceries, household goods, and retail shopping on base. These benefits, while often taken for granted during the marriage, can become critical lifelines for former spouses after divorce. However, access to commissary and exchange privileges isn’t automatic or indefinite once a marriage ends.
Former military spouses often ask whether they can continue to shop on base after divorce, and if so, under what conditions. The answer depends on a combination of federal regulations, years of marriage and service overlap, and specific provisions known as the “20/20/20” and “20/20/15” rules. These eligibility categories determine whether a former spouse retains lifetime or limited privileges—or loses access altogether.
For anyone facing divorce from a military service member, or for attorneys advising such clients, understanding these rules is essential. A Tampa divorce lawyer can help spouses assess their eligibility, secure proper documentation, and address these benefits during the divorce settlement process.
This article explores the legal framework behind commissary and exchange access for former military spouses, the criteria for retention or termination of privileges, and the role a Tampa divorce lawyer plays in protecting entitlements during and after military divorce.
What Are Commissary and Exchange Privileges?
Commissaries are on-base grocery stores operated by the Defense Commissary Agency (DeCA), offering discounted food and household goods. Military exchanges—such as AAFES, NEX, MCX, and CGX—are retail stores selling electronics, clothing, cosmetics, and other merchandise. Both offer tax-free shopping and are intended to support the morale and welfare of service members and their families.
Privileges to use these facilities extend to:
- Active-duty service members
- Retirees
- National Guard and Reserve members (under certain conditions)
- Dependents of eligible service members
- Some surviving spouses and caregivers
- Certain former spouses under specific eligibility criteria
Once a divorce is finalized, the dependent spouse generally loses access—unless they qualify for a carve-out under the Department of Defense’s 20/20/20 or 20/20/15 rules.
The 20/20/20 Rule: Lifetime Privileges for Qualifying Former Spouses
A former spouse may retain full commissary, exchange, and military ID privileges for life under the “20/20/20 rule” if all three of the following are true:
- 20 Years of Marriage
The marriage must have lasted at least 20 years. - 20 Years of Creditable Service
The service member must have completed at least 20 years of creditable military service, active or reserve, that counts toward retirement. - 20 Years of Overlap
The marriage and the service must have overlapped by at least 20 years.
A former spouse who qualifies under 20/20/20 is considered an “eligible former spouse” and retains full privileges, including:
- Commissary and exchange access
- Military ID card (DD Form 1173)
- Base access (subject to security rules)
- Eligibility for TRICARE medical coverage (if not remarried)
- Certain legal assistance services
This eligibility continues indefinitely unless the former spouse remarries. Upon remarriage, these privileges terminate. If the later marriage ends in death or divorce, exchange and commissary privileges may resume, but TRICARE eligibility will not.
A Tampa divorce lawyer should always assess whether a spouse may qualify for 20/20/20 status and ensure this is documented in the final judgment.
The 20/20/15 Rule: Limited One-Year Medical Benefits Only
If a former spouse meets the first two requirements (20 years of marriage and 20 years of creditable service) but only 15 years of overlap between marriage and service, they may qualify under the 20/20/15 rule. This does not provide lifetime commissary or exchange access. Instead, it provides:
- One year of transitional TRICARE medical coverage
- No continued access to commissaries or exchanges
These privileges are subject to termination upon remarriage. It’s a more limited category and often misunderstood.
While a 20/20/15 former spouse does not retain commissary or exchange access, a Tampa divorce lawyer should still ensure their eligibility is preserved and that transitional benefits are properly documented at the time of divorce.
Non-Qualifying Spouses: What If You Don’t Meet the 20/20 Requirements?
If the marriage or service overlap falls short of the 20/20/15 rule, the former spouse loses all military ID and base privileges upon divorce. This includes:
- Commissary and exchange privileges
- TRICARE coverage
- Military ID card
- Access to military legal services
In such cases, the spouse is no longer a “dependent” and is not entitled to ongoing benefits unless they qualify through another route, such as:
- A court-ordered Survivor Benefit Plan (SBP) designation
- Continued use of on-base childcare or housing (rare exceptions)
- Use of a transitional health benefit under TAMP or CHCBP
For these spouses, it is especially important for a Tampa divorce lawyer to secure adequate financial compensation, healthcare coverage, or COBRA-style alternatives during settlement negotiations.
How Commissary and Exchange Privileges Work Post-Divorce
For 20/20/20 eligible former spouses, privileges continue through the issuance of a new military ID card—DD Form 1173. The former spouse must:
- Visit a RAPIDS ID card office
- Present divorce paperwork confirming 20/20/20 eligibility
- Verify Social Security number and current address
- Be approved for DEERS enrollment as an eligible former spouse
Once enrolled, the former spouse can use commissaries and exchanges just like a retiree or dependent. This includes:
- Shopping at base commissaries
- Using PX, BX, NEX, or MCX facilities
- Purchasing alcohol, tobacco, clothing, and electronics (state and base laws may vary)
- Access to military gas stations, theaters, and recreational facilities (when authorized)
If the former spouse remarries, they must surrender their ID card and lose these privileges. In some cases, after divorce from the new spouse, commissary and exchange privileges may be reinstated if the person remains otherwise eligible.
A Tampa divorce lawyer can advise former spouses how to retain eligibility by maintaining updated documents and ensuring proper enrollment in DEERS and RAPIDS systems.
Common Issues in Divorce Negotiations Over Commissary and Exchange Rights
In military divorces, a Tampa divorce lawyer may encounter disputes about whether the former spouse is entitled to continued base privileges. These disputes often arise when:
- The service member disputes the date of qualifying service
- There is disagreement over the length of marital-service overlap
- The military record is incomplete or unclear
- The service member attempts to prevent ID renewal post-divorce
To avoid these problems, the divorce settlement should clearly state:
- Dates of marriage and divorce
- Dates of creditable military service
- Periods of overlap
- Confirmation of eligibility for continued benefits
It’s also important to specify whether the former spouse will retain TRICARE and whether an SBP will be maintained to protect future eligibility.
When possible, a Tampa divorce lawyer should attach a military benefits worksheet or eligibility statement to the marital settlement agreement.
What Happens If a Former Spouse Abuses Privileges?
Commissary and exchange privileges are governed by federal regulations. Abuse—such as sharing access with unauthorized individuals, using expired ID cards, or making purchases for others—can result in termination of privileges.
Violations may be reported by:
- Base security
- Commissary staff
- Exchange loss prevention teams
- Other military personnel
If a former spouse misuses their ID or violates base access rules, they can be:
- Removed from DEERS
- Barred from base
- Subject to federal prosecution in some cases
A Tampa divorce lawyer can advise former spouses on proper use and compliance, especially when base access or privileges become an issue in a post-divorce dispute.
Remarriage and Loss of Privileges
Once a former spouse remarries, they lose all privileges under the 20/20/20 rule, including commissary and exchange access. If that subsequent marriage ends in divorce or death, only certain privileges can be restored:
- Commissary and exchange access may be reinstated
- TRICARE eligibility will not be restored
- ID card renewal is not automatic—documentation must be re-submitted
This means that a 20/20/20 former spouse who remarries and divorces a second time must start the DEERS and RAPIDS enrollment process again. A Tampa divorce lawyer can assist with obtaining certified copies of divorce decrees and coordinating eligibility re-verification.
Impact of Commissary and Exchange Access on Financial Settlements
While commissary and exchange access is not assignable or divisible like retirement pay, its financial value should not be ignored. These privileges can represent hundreds—or even thousands—of dollars in annual cost savings.
For 20/20/20 qualifying spouses, continued access may influence:
- Alimony duration and amount
- Healthcare considerations
- Overall equitable distribution (as a practical factor)
For non-qualifying spouses, loss of access may justify greater financial support, particularly when the spouse has long depended on military discounts to reduce household expenses.
A Tampa divorce lawyer may highlight these economic impacts when negotiating the terms of support, equitable distribution, or post-divorce transition payments.
TRICARE vs. Commissary Access: What’s the Difference?
It’s important to distinguish between commissary and exchange access and TRICARE medical coverage. The rules are related but not identical:
- Commissary/exchange access requires 20/20/20 qualification
- TRICARE also requires 20/20/20—but terminates permanently upon remarriage
- Under 20/20/15, only one year of TRICARE is provided
- Commissary and exchange access may resume after a remarriage ends; TRICARE does not
A Tampa divorce lawyer should counsel clients separately on healthcare and base shopping access and should not assume eligibility in one area implies coverage in the other.
How to Document Eligibility in a Florida Divorce
To protect a former spouse’s right to commissary and exchange benefits, the final divorce judgment or settlement agreement should clearly state:
- Date of marriage
- Date of final judgment
- Dates of the service member’s qualifying military service
- Confirmation of overlap
- Statement of entitlement under the 20/20/20 rule
This language serves as formal proof during DEERS registration and future disputes.
Without clear documentation, former spouses may face unnecessary delays, confusion, or denial of access—particularly if the service member refuses to cooperate.
A Tampa divorce lawyer will ensure that final court documents are structured to satisfy DoD and ID card office requirements.
What a Tampa Divorce Lawyer Can Do to Protect These Rights
Commissary and exchange privileges may not be the largest financial issue in a military divorce, but they are meaningful benefits that affect quality of life. A Tampa divorce lawyer representing a military or civilian spouse should:
- Analyze eligibility under the 20/20/20 or 20/20/15 rules
- Ensure those qualifications are documented in the settlement
- Coordinate with DEERS and RAPIDS offices post-divorce
- Ensure TRICARE continuation is discussed in healthcare planning
- Consider the economic value of continued access when negotiating support
- Address SBP and ID card issues if applicable
- Educate clients about post-divorce compliance requirements
By including these issues in the early stages of negotiation and ensuring proper legal language is used in the final judgment, a Tampa divorce lawyer helps clients protect important privileges that impact life long after the marriage ends.
Conclusion: Commissary and Exchange Access Is a Valuable Post-Divorce Benefit
Divorcing a military service member doesn’t mean giving up everything tied to that lifestyle. For many former spouses, commissary and exchange access is not only a practical benefit—it’s a symbol of years of sacrifice and commitment to military family life.
The 20/20/20 rule remains a critical protection for those who qualify. Even when eligibility doesn’t extend to full benefits, transitional rules like 20/20/15 or medical alternatives may offer limited support.
To make the most of these entitlements, legal advice must begin before the divorce is finalized. A Tampa divorce lawyer who understands military family law can ensure that base access, ID privileges, and economic impacts are fully addressed in settlement negotiations, giving former spouses the security and recognition they’ve earned.
FAQ: Commissary and Exchange Privileges for Former Military Spouses
Do I lose commissary access when I divorce a service member?
Not necessarily. If you meet the 20/20/20 rule, you may keep full privileges for life unless you remarry.
What is the 20/20/20 rule?
It requires 20 years of marriage, 20 years of military service, and 20 years of overlap. If you qualify, you retain full commissary and exchange access.
Do I keep access under the 20/20/15 rule?
No. You get one year of TRICARE healthcare, but no commissary or exchange privileges.
What happens if I remarry?
Remarriage ends commissary and exchange access. If that marriage ends, access may be reinstated, but TRICARE will not resume.
Can I shop on base while the divorce is pending?
Yes, as long as you’re still legally married and have a valid dependent ID card.
Can my ex block me from getting an ID card after divorce?
No. If you qualify under 20/20/20, the military must issue you a new ID card. Your ex cannot prevent this.
What if I didn’t know I qualified?
A Tampa divorce lawyer can review your case, verify eligibility, and help you register with DEERS.
Can I be penalized for misusing exchange privileges?
Yes. Abuse or unauthorized use can result in permanent loss of access and possible legal action.
Are these benefits automatic after divorce?
No. You must apply for a new ID and provide divorce documentation. A Tampa divorce lawyer can assist with the paperwork.
Should my divorce judgment mention these privileges?
Absolutely. Clear documentation ensures smoother processing and preserves your rights.
The McKinney Law Group: Tampa Divorce Attorneys Focused on Protecting Your Rights
At The McKinney Law Group, we understand how divorce can impact every aspect of your life. That’s why we focus on protecting your legal rights while helping you move forward with clarity, security, and the support of a trusted legal team.
We provide assistance with:
✔ Filing divorce petitions and court-required documentation
✔ Creating balanced parenting plans and holiday schedules
✔ Dividing marital assets, business interests, and property
✔ Determining or challenging spousal support obligations
✔ Modifying existing agreements to reflect life’s changes
Reach out at 813-428-3400 or [email protected] for trusted legal guidance.