Military Benefits CA Divorce: 20/20/20 Rule Eligibility

Rule Component 1: 20 Years of Military Service

The service member must have at least 20 years of creditable military service to qualify for retirement benefits.

The 20-year requirement includes active duty, reserve duty, and National Guard service that counts toward retirement. Active duty years count as one-for-one, while reserve and guard time converts to equivalent years based on points earned. The service member must actually retire and receive retirement pay, not just be eligible for retirement. Medical retirements count if they meet the 20-year threshold, and disability retirements under Chapter 61 also qualify if they have sufficient service time. The key is creditable service that counts toward the 20-year retirement requirement, not just total time in service.

Rule Component 2: 20 Years of Marriage Duration

The marriage must have lasted at least 20 years from wedding date to divorce decree.

California recognizes the marriage duration from the wedding date to the final divorce decree date, regardless of separation periods. Legal separation does not stop the marriage clock for 20/20/20 purposes, only final divorce does. If you married on January 15, 2004, and divorce on January 15, 2024, you meet the 20-year requirement exactly. Multiple marriages to the same person cannot be combined, each marriage stands alone for calculation purposes. The marriage must be legally valid, common law marriages count if recognized by the state where established, but California doesn’t create common law marriages through cohabitation.

Rule Component 3: 20 Years of Marriage-Service Overlap

The critical overlap requirement demands that 20 years of marriage occurred during the service member’s military career.

The overlap calculation requires careful documentation of both marriage dates and service periods. For example, if you married in 2002 but didn’t enter military service until 2005, your overlap period starts in 2005, not 2002. Similarly, if you served from 1995-2015 but only married in 2000, your overlap period begins in 2000. The key is concurrent periods where both conditions exist simultaneously. This often creates situations where couples meet the 20-year marriage and 20-year service requirements but fall short on overlap, missing valuable benefits by just a few months or years.

Full 20/20/20 Benefits Package

Meeting all three requirements unlocks comprehensive military benefits that continue for the former spouse’s lifetime.

The healthcare benefit alone can be worth over $300,000 in today’s dollars for a former spouse who maintains TRICARE coverage from age 45 to 85. TRICARE For Life provides comprehensive coverage including Medicare supplements, while TRICARE Prime offers excellent coverage for those under 65. Shopping privileges provide significant savings on groceries and household items, with commissary prices typically 30% below civilian supermarkets. Installation access includes recreational facilities, golf courses, swimming pools, and other amenities that would cost thousands annually in civilian life.

20/20/15 Rule: Partial Benefits for Shorter Marriages

Falling short of 20/20/20 by just one year still provides valuable transitional benefits through the 20/20/15 rule.

The 20/20/15 rule requires 20 years of service, 20 years of marriage, but only 15 years of overlap. This provides one year of transitional TRICARE coverage after divorce, allowing former spouses to find alternative healthcare. While not as valuable as lifetime benefits, one year of healthcare coverage during transition can save $10,000-20,000 in insurance costs. The 20/20/15 rule also provides time to establish civilian healthcare coverage without coverage gaps. Many couples who barely miss 20/20/20 eligibility find that 20/20/15 provides valuable breathing room during the difficult transition period.

Benefit Termination Triggers

Even qualified former spouses can lose 20/20/20 benefits through specific life changes.

Remarriage before age 55 is the most common termination trigger, ending all benefits immediately upon marriage. After age 55, remarriage doesn’t affect benefits, providing protection for older former spouses. Employer health insurance doesn’t terminate benefits but may require coordination of coverage. Medicare eligibility at 65 transitions former spouses to TRICARE For Life, which provides different but equally valuable coverage. Maintaining DEERS enrollment is crucial, requiring periodic updates and ID card renewals.

Documentation and Application Process

Proving 20/20/20 eligibility requires comprehensive documentation of service, marriage, and overlap periods.

The application process involves enrolling in DEERS as a former spouse, obtaining a new military ID card, and registering for TRICARE coverage. This typically requires coordination with the service member’s branch of service and completion of background checks for installation access. The process can take several weeks, so starting early is advisable. Maintaining current contact information in DEERS is essential for continued eligibility and benefit notifications.

Strategic Considerations During California Divorce

Understanding 20/20/20 eligibility affects settlement negotiations and timing decisions.

If you’re close to meeting 20/20/20 requirements, timing your divorce can preserve or eliminate valuable benefits. Delaying divorce by a few months to reach the 20-year overlap might preserve benefits worth hundreds of thousands of dollars. Conversely, if you’re the service member and want to limit post-divorce obligations, finalizing divorce before reaching 20/20/20 eligibility might be strategic. California courts consider benefit preservation when crafting settlements, making eligibility determination crucial for both parties. The potential value of preserved benefits often justifies concessions in other areas of settlement negotiations.

Next Steps: Determining Your 20/20/20 Eligibility

Establishing 20/20/20 eligibility requires careful analysis of service records, marriage timeline, and overlap calculations.

Start by gathering all documentation of military service dates and marriage duration. Calculate the exact overlap period to determine if you meet all three requirements. Consider timing strategies if you’re close to qualifying, and understand the lifetime value of benefits at stake. Consult with attorneys experienced in military divorce who understand the strategic implications of 20/20/20 eligibility. The right approach preserves valuable benefits while achieving fair settlement terms for both parties.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.