GOING THROUGH A MILITARY DIVORCE? HERE’S WHAT YOU NEED TO KNOW ABOUT THE 20/20/20 RULE
Military divorce is a taboo topic in military communities. But the reality is it happens, and the challenges military spouses face (even with protection by law) often leave spouses lost and without adequate support. When going through a military divorce, it can be a difficult process to navigate, especially if you are trying to figure out what retirement benefits you qualify for. If you qualify for the 20/20/20 rule, you will still have access to the commissary and the exchange, as well as retain other specific base privileges for a limited period of time. The 20/20/20 rule was created to minimize the number of individuals who would receive the military benefit after divorce, aiming to limit a high number of short-lived or fraudulent marriages. Keep reading to learn more about how to qualify.
What Is the Uniformed Services Former Spouses’ Protection Act?
On February 1, 1983 the Uniformed Services Former Spouses' Protection Act went into effect. The Act provides a method for a spouse, or a former spouse, to receive a portion of a service member’s military retired pay.
In other words, the legislation allows military spouses to have access to the earned benefit their service member gained from twenty plus years of military service.
It is important to note that the act does not automatically entitle a former spouse to a portion of the service member’s retirement pay. The former spouse must have been awarded a portion of the retired pay through a court order.
But, it isn’t always easy for military spouses who are going through a divorce to be entitled to these benefits and hiring a lawyer is difficult because of the great expense.
Getting a Military Divorce? Here’s How to Navigate the 20/20/20 Rule
If you are thinking about getting a military divorce, it is important to first understand how the law is working to protect you, the milspouse. However, there are some caveats.
Being married to a service member and then going through a divorce is not enough to allow a military spouse access to the retirement benefit.
Military spouses must be married to a service member for at least twenty years, the military member must also have served at least twenty years, and the time they are married must also overlap the twenty years of military service.
Even if a military spouse meets the 20/20/20 rule that doesn’t mean they are automatically given part of their spouses retirement benefits, instead it is decided by the court. Military spouses are automatically entitled to health care benefits.
Military Spouses are Facing Significant Challenges
Military spouses who find themselves meeting the 20/20/20 rule are still struggling to be able to receive military retirement benefits.
Since the language is vague and decided by the courts, it can be both an expensive and challenging process.
Additionally, it isn’t automatically determined that a military spouse receives 50% of a retirement benefit, and other calculations can lower the amount even more.
Annette Whittenberger is Sharing Her Story to Help Others
Annette Whittenberger is a retired U.S. Army Veteran, mental health advocate, and the founder of A Wild Ride Called Life™. She is also the Editor-in-Chief of Veteran Lifestyle Magazine.
After 26 years of marriage—during which her husband served on active duty the entire time—he asked for a divorce. While Annette did not choose this ending, she has chosen to speak out about the difficult and often unseen realities of going through a military divorce as both a Veteran and a spouse.
In the process, she faced painful emotional and legal hurdles—often feeling belittled and dismissed simply for being “the spouse.” During the final divorce hearing, it was ruled that her former spouse would receive 50% of her military retirement, while she would only receive 42.5% of his, and only once he chooses to retire—a decision he has since opted to delay.
Annette now uses her voice not out of bitterness, but from a place of purpose and advocacy. She speaks so that others who are walking through similar pain—often in silence—know that they are not alone.
“I didn’t ask for this,” she says. “But I will use it to fight for those who think they have no fight left.”
She isn’t alone in her struggles; there are various support groups created specifically for former military spouses. So many military spouses don’t qualify under the 20/20/20 rule and find themselves struggling with next steps after a divorce. Along with the fact there is a stigma in the military community around a divorce leading many military spouses afraid to speak out about their experience.
When Annette asked former military spouses who had been divorced to provide quotes even anonymously, they thanked her for her bravery of speaking out but were unwilling to share their story for fear of retribution.
Disability Pay Makes Divorced Spouse Compensation Lower
Adding to the challenge, military spouses’ disability compensation for military members may be dollar for dollar matched reducing the overall retirement pay.
If a member retires at twenty years of service, and receives a disability rating of less than fifty percent, instead of receiving a separate compensation for disability it is matched tax free out of the retirement income. This can reduce military retirement compensation by $774 (a 40% disability compensation without dependents), a former military spouse who was granted 50% of their former spouses’ retirement pay to be reduced from approximately $1,250 to $862.
In contrast, the military member who was supposed to receive $1,250 now receives $1,637.50, with $774 of that tax free. If they have children under 18 the disability compensation goes up.
A Case Study: Howell v. Howell
This was seen in the Howell v. Howell case, where Sandra Howell sued for the full 50% of her husband’s retirement, regardless of his waiver of a portion of his benefits due to disability.
After she initially won her case both in the Arizona Supreme Court and Arizona Court of Appeals, the decision was overturned by the Supreme Court 8-0, as John cited Mansell v. Mansell, which held that the Uniformed Services Former Spouse’ Protection Act preempted state courts from allowing the former spouses of Veterans to claim interest in the waived portion of the Veterans military retirement pay.
The courts found that because the lower court didn’t grant Sandra an interest in John’s disability sum, but rather in the overall assets in an equal sum, that she was free to require payment from John to make up for the losses that she would experience due to his waiver of the portion of the benefits that was shared between them.
Know Your Rights and Protections in the Case of Divorce
Annette is sharing her story to help bring light to a topic that is often taboo to discuss in military circles. But it is a reality many military couples face after years of strain added to their marriage from military service leading to divorce.
Fortunately, military spouses are protected to have their spouses retirement considered in divorce proceedings, but they can often find that process discouraging, expensive and mentally challenging. Military divorce groups are available on social media to help connect those facing a military divorce with resources and support.
Check out these resources for support:
- Divorce and Military
- Female Military Spouses Divorce Page
- Military Divorce Support Group
- Former Military Spouse Group - Divorce After Retirement Support
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