Divorcing a military service member comes with unique challenges, especially when it comes to dividing military retired pay and determining eligibility for benefits. The Uniformed Services Former Spouses’ Protection Act (USFSPA) provides a framework for these divisions, particularly through the 10-10 and 10-20 rules. Here’s what you need to know about these crucial guidelines.
The 10-10 Rule
The 10-10 rule is a key consideration in determining whether a former spouse can receive direct payments of military retired pay from the Defense Finance and Accounting Service (DFAS). To qualify:
Marriage Duration: The couple must have been married for at least 10 years.
Service Overlap: The service member must have performed at least 10 years of creditable service during the marriage.
If both conditions are met, DFAS can directly pay the former spouse their share of the military retired pay, simplifying the process and ensuring consistent payments.
The 10-20 Rule
The 10-20 rule pertains to eligibility for certain military benefits, specifically medical benefits, for former spouses. To qualify:
Marriage Duration: The couple must have been married for at least 20 years.
Service Overlap: The service member must have performed at least 20 years of creditable service during the marriage.
Marriage-Service Overlap: There must be at least 20 years of overlap between the marriage and the service member’s creditable service.
When all three conditions are met, the former spouse is eligible for full military medical benefits, commissary, and exchange privileges for life, unless they remarry.
The 20-20-15 Rule
A variation of the 10-20 rule, the 20-20-15 rule provides limited medical benefits for former spouses:
Marriage Duration: The couple must have been married for at least 20 years.
Service Overlap: The service member must have performed at least 20 years of creditable service.
Marriage-Service Overlap: There must be at least 15 years, but less than 20 years, of overlap between the marriage and the service member’s creditable service.
Under this rule, the former spouse is entitled to one year of transitional medical benefits after the divorce.
The other important thng to keep in mind is that government determines the lenght of marriage differently than the state of California. The state of California determines the length of marriage from the date of marriage to the date of separation and the federal governement (military) determines the length of marriage from the date of marriage to the date of divorce.
Why It Matters
Understanding these rules is crucial for ensuring that former spouses of military members receive the benefits they are entitled to after a divorce. These rules help clarify eligibility and streamline the process, providing much-needed support during a challenging time.
Contact Edgar & Dow for Expert Guidance
Navigating the complexities of military divorce requires expert legal guidance. At Edgar & Dow, we specialize in family law with a deep understanding of the unique issues faced by military families. Our experienced attorneys can help you understand your rights and secure the benefits you deserve.
Whether you’re dealing with the division of military retired pay or determining eligibility for benefits under the 10-10, 10-20, or 20-20-15 rules, Edgar & Dow is here to help. Contact us today to schedule a consultation and ensure that your interests are protected.
