Military Divorce Benefits CA: Commissary Privileges Lost

The 20/20/20 Rule: Full Lifetime Benefits

The 20/20/20 rule represents the gold standard for former spouse military benefits, providing comprehensive privileges that mirror those of current military spouses.

To qualify under the 20/20/20 rule, all three requirements must be met precisely. The marriage must have lasted at least 20 years from wedding date to divorce decree. The service member must have completed at least 20 years of creditable service toward retirement eligibility. Crucially, those 20 years of marriage and 20 years of service must overlap by at least 20 years. This overlap requirement eliminates many long-term marriages where the service member had substantial service before marriage or married late in their career.

California courts cannot modify these federal requirements, though they can structure divorce timing to help spouses meet qualification thresholds. Former spouses who qualify receive unlimited commissary privileges, full exchange access (including AAFES, NEX, MCX facilities), military treatment facility care, TRICARE coverage, and military identification cards. These benefits continue for life unless the former spouse remarries.

The fundamental requirement: all three 20-year benchmarks must be satisfied simultaneously.

Benefits Under the 20/20/20 Rule

Qualifying former spouses retain substantial privileges that provide significant financial and lifestyle advantages.

The financial value of 20/20/20 benefits extends beyond direct cost savings. Commissary prices typically run 20-25% below civilian grocery stores, representing substantial savings for families. Exchange privileges provide tax-free shopping on clothing, electronics, and household items. TRICARE coverage eliminates or dramatically reduces health insurance premiums, deductibles, and co-pays compared to civilian plans. For California residents facing high health care costs, TRICARE alone can represent $10,000 or more in annual value.

Military treatment facility access provides free or low-cost care that would cost thousands in the civilian sector. These combined benefits allow qualifying former spouses to maintain a lifestyle comparable to their married years, providing crucial stability during the divorce transition.

The 20/20/15 Rule: Limited Transitional Benefits

Former spouses who fall short of full 20/20/20 qualification may receive limited benefits under the 20/20/15 rule.

The 20/20/15 rule provides a safety net for former spouses who had substantial military marriages but fell just short of the 20-year overlap requirement. The one-year transitional TRICARE coverage helps bridge the gap while former spouses arrange alternative health insurance. However, the loss of commissary and exchange privileges is immediate and permanent under this rule.

The second-year option involves purchasing a Department of Defense negotiated conversion health plan, which provides limited coverage at group rates but is not equivalent to full TRICARE. California former spouses approaching the 20/20/20 threshold should consider whether delaying divorce slightly could push them into full benefit qualification. Even six additional months of marriage might increase the overlap period sufficiently to qualify for lifetime benefits rather than one year of transitional coverage.

Complete Benefit Loss: Non-Qualifying Spouses

Former spouses who do not meet either the 20/20/20 or 20/20/15 criteria lose all military benefits immediately upon divorce finalization.

The immediate termination of benefits creates practical hardships for non-qualifying former spouses. Shopping habits must change immediately as commissary and exchange access disappears. Health insurance coverage requires immediate replacement through employer plans, marketplace options, or the Continued Health Care Benefit Program (CHCBP).

The CHCBP provides up to 36 months of temporary coverage similar to COBRA, but at full premium cost to the former spouse. Military identification cards must be surrendered to RAPIDS offices, and installation access becomes restricted. For California former spouses living near military installations, this can mean losing convenient shopping, medical care, and community connections.

The financial impact is substantial, often requiring complete budget restructuring to accommodate civilian prices for groceries, goods, and health care previously obtained at reduced cost or free through military benefits.

The 10/10 Rule: Retirement Pay Division

While not providing continued benefits access, the 10/10 rule affects how military retirement pay is distributed to former spouses.

The 10/10 rule determines whether the Defense Finance and Accounting Service (DFAS) sends retirement pay directly to the former spouse or whether the service member must pay the former spouse directly. Meeting the 10/10 rule allows DFAS to make direct payments, providing security and reliability for the former spouse. If the 10/10 rule is not met, the service member remains responsible for paying the former spouse their court-ordered share, which creates enforcement challenges if the service member fails to pay. However, the entitlement to a share of retirement pay exists regardless of the 10/10 rule under California community property law.

The 10/10 rule only affects the payment mechanism, not the underlying right to a portion of military retirement earned during marriage. Former spouses should ensure divorce decrees clearly specify retirement division percentages and payment arrangements regardless of 10/10 qualification.

Remarriage and Benefit Termination

Remarriage triggers immediate termination of most military benefits for former spouses, with limited exceptions.

Former spouses enjoying 20/20/20 benefits lose commissary, exchange, and TRICARE privileges immediately upon remarriage. The military ID card must be surrendered, and base access privileges terminate. This remarriage penalty applies regardless of the new spouse’s military status or financial situation. However, if the subsequent marriage ends in divorce or death, commissary and exchange privileges may be reinstated.

Former spouses must reapply through DEERS and RAPIDS offices with documentation of the subsequent marriage termination. TRICARE eligibility, however, does not resume after remarriage termination. Once TRICARE is lost due to remarriage, it is permanently lost even if the later marriage ends. This creates significant financial implications for former spouses considering remarriage, as the value of lifetime TRICARE coverage may exceed tens of thousands of dollars annually for older individuals with health concerns.

Documentation and Enrollment Procedures

Securing continued benefits requires proper documentation and enrollment in Defense Enrollment Eligibility Reporting System (DEERS).

Former spouses must apply for benefits through RAPIDS ID card offices after divorce finalization. Required documentation includes certified copies of the divorce decree, marriage certificate, and service member’s DD Form 214 or retirement documentation. The divorce decree should explicitly state that the former spouse meets 20/20/20 or 20/20/15 requirements, including specific dates of marriage, service, and overlap.

California family law attorneys should ensure these details are included in final judgments to facilitate enrollment. The application process involves verification of eligibility through military personnel records, which can take several weeks. Former spouses should apply as soon as possible after divorce to avoid gaps in coverage. ID cards issued to 20/20/20 qualifying former spouses are marked as “Unremarried Former Spouse” and must be renewed periodically. Maintaining current address information with DEERS ensures continued eligibility notifications and benefit access.

California Court Treatment of Military Benefits

California family courts must navigate federal restrictions when addressing military benefits in divorce settlements.

California courts treat military retirement pay as community property divisible upon divorce, but they cannot compel the military to provide benefits that federal law prohibits. Courts can, however, consider the value of lost benefits when determining spousal support or property division. If a former spouse loses $10,000 annually in commissary and health benefits due to divorce, the court may award additional spousal support to compensate for this loss.

Similarly, the court may award a larger share of other marital assets to offset the value of lost military privileges. Survivor Benefit Plan (SBP) coverage can be court-ordered to protect former spouses, though premiums reduce the retirement pay available to both parties. Understanding these interactions between federal benefit rules and California family law helps attorneys structure settlements that maximize total financial security for former spouses.

Strategic Timing of Divorce Proceedings

Timing divorce strategically can significantly impact benefit eligibility for California military families.

For spouses approaching 20/20/20 qualification, delaying divorce by months can provide lifetime benefits worth hundreds of thousands of dollars over time. Legal separation may preserve benefits while addressing immediate domestic issues, though benefits typically terminate upon final divorce regardless of separation date. Conversely, if a service member faces medical discharge that might reduce creditable service, accelerating divorce before the discharge could preserve qualification.

California attorneys should calculate precise overlap periods using military service records and marriage dates to determine optimal timing. These calculations must account for the federal method of counting marriage duration from wedding to divorce decree, which differs from California’s potential use of separation dates for other purposes. Strategic divorce timing represents one of the most significant financial decisions in military divorce cases.

Alternative Health Coverage Options

Former spouses losing TRICARE must secure alternative health insurance through various federal and private options.

The Continued Health Care Benefit Program (CHCBP) provides up to 36 months of temporary coverage for former spouses who lose TRICARE due to divorce. CHCBP offers similar benefits to TRICARE Standard but requires premium payments by the former spouse.

Premiums are typically higher than active-duty family rates but may be comparable to employer-sponsored plans. The 20/20/15 rule provides one year of transitional TRICARE before CHCBP or other options become necessary. For former spouses over 55, the CHCBP can extend until Medicare eligibility at 65. Children of the service member retain TRICARE eligibility until age 21, or age 23 if enrolled full-time in college, regardless of divorce.

California spouses losing military benefits should explore marketplace options under the Affordable Care Act, employer-sponsored plans, or Medicare for those approaching eligibility age. The cost of replacing TRICARE coverage often becomes a significant factor in spousal support negotiations.

Children’s Benefits After Divorce

Children of service members retain certain military benefits after parental divorce, though access depends on custody arrangements.

Biological and adopted children of service members continue receiving TRICARE benefits until age 21, or age 23 if enrolled full-time in accredited colleges. They maintain exchange and commissary privileges as long as they remain dependent on the service member for over 50% of their support.

Children residing with a non-military custodial parent may still use these benefits when accompanied by the service member or with proper documentation. Stepchildren lose all military benefits immediately upon divorce unless legally adopted by the service member. For California custody arrangements, ensuring children maintain benefit access requires careful drafting of custody orders that preserve the service member’s ability to provide support and documentation.

Children’s benefits are not affected by the former spouse’s remarriage or benefit status, providing continuity for dependents even when parents lose privileges.

Next Steps: Protecting Benefit Interests

Successfully navigating military benefit loss during California divorce requires proactive planning and professional guidance.

Begin by obtaining complete military service records to calculate exact overlap periods for 20/20/20 or 20/20/15 qualification. Consult with attorneys experienced in both California family law and military benefit regulations to understand your eligibility status. Consider strategic timing of divorce proceedings to maximize benefit qualification if close to threshold requirements.

Ensure divorce decrees include specific language documenting dates necessary for DEERS enrollment. Explore alternative health coverage options well before TRICARE termination to avoid coverage gaps. For qualifying former spouses, complete DEERS enrollment immediately after divorce finalization to preserve uninterrupted benefits.

Understand that remarriage terminates most benefits permanently, with only limited restoration possible. The financial impact of military benefit loss is substantial, but proper planning can minimize disruption and secure alternative resources.

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