20/20/20 Rule: Military Divorce in South Carolina

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20/20/20 Rule: Military Divorce in South Carolina

20/20/20 Rule: Military Divorce in South Carolina
Divorce is complicated enough without adding military service into the mix. When one or both spouses serve in the armed forces, unique federal rules govern how certain benefits are divided and retained after divorce. Among the most important of these is the so-called “20/20/20 rule,” which determines whether a former military spouse can continue receiving full military benefits after divorce. Understanding these rules is crucial for anyone going through a military divorce in South Carolina or anywhere else in the United States.

What Makes Military Divorce Different?
Military divorces involve special considerations that civilian divorces don’t face. Service members are subject to federal laws like the Servicemembers Civil Relief Act (SCRA), which can affect when and how divorce proceedings occur. Additionally, military retirement pay, housing allowances, healthcare benefits, and commissary privileges all fall under specific federal regulations that govern how they’re divided or retained after divorce.

Unlike civilian pensions, military retirement benefits are governed by federal law—specifically the Uniformed Services Former Spouses’ Protection Act (USFSPA). This federal statute allows states to treat military retirement pay as divisible property in divorce, but it also sets important limitations on when and how these benefits can be directly paid to a former spouse.

The 20/20/20 Rule: Full Military Benefits for Former Spouses
The 20/20/20 rule is perhaps the most significant milestone for former military spouses. Under this rule, a former spouse who meets all three requirements continues to receive full military benefits as if they were still married to the service member. These benefits include:

• Full medical coverage through TRICARE
• Access to military commissaries and exchanges
• Use of Morale, Welfare, and Recreation (MWR) facilities
• Access to other on-base services

To qualify under the 20/20/20 rule, a former spouse must meet these three specific criteria:

1. Twenty Years of Marriage
The marriage must have lasted at least 20 years. This is calculated from the date of marriage to the date of divorce decree, not the date of separation. Periods of separation during the marriage still count toward the 20-year requirement as long as you remained legally married.

2. Twenty Years of Creditable Military Service
The service member must have completed at least 20 years of creditable military service. For most service members, this means 20 years of active duty service or a combination of active duty and reserve service that qualifies for retirement benefits. Guard and Reserve members must typically have 20 qualifying years of service, which may span more than 20 calendar years.

3. Twenty Years of Overlap
This is the critical third requirement: at least 20 years of the marriage must overlap with 20 years of creditable military service. In other words, the marriage must have existed during the same time period when the service member was actively serving in the military for at least 20 years.

It’s this third requirement that often proves most difficult to meet. A couple could be married for 30 years, and the service member could have 30 years of service, but if only 18 of those years overlapped, the former spouse would not qualify under the 20/20/20 rule.

The 20/20/15 Rule: Transitional Medical Benefits
For former spouses who almost qualify under the 20/20/20 rule but fall short on the overlap requirement, there’s a second option: the 20/20/15 rule. This rule provides transitional medical benefits for one year after the divorce, though these benefits are more limited than those provided under the full 20/20/20 rule.

To qualify under the 20/20/15 rule, a former spouse must meet these requirements:

• At least 20 years of marriage
• At least 20 years of creditable military service by the service member
• At least 15 years (but less than 20 years) of overlap between the marriage and military service

Former spouses who qualify under the 20/20/15 rule receive TRICARE medical coverage for one year following the date of the divorce. After that year, they must find alternative healthcare coverage. They do not receive the other benefits (commissary access, exchange privileges, etc.) that come with the full 20/20/20 rule.

However, former spouses under the 20/20/15 rule can purchase continued coverage through the Continued Health Care Benefit Program (CHCBP) for up to 36 months after their one year of transitional coverage ends. This program requires monthly premiums and functions similarly to COBRA coverage for civilian health insurance.

The 10-Year Rule: Direct Payment of Military Retirement
Separate from the benefits rules discussed above, there’s another important threshold in military divorce: the 10-year rule for direct payment of retirement benefits. Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), if a marriage lasted at least 10 years AND those 10 years overlapped with 10 years of creditable military service, the Defense Finance and Accounting Service (DFAS) will pay the former spouse’s share of military retirement directly to them.
This is purely a payment mechanism—it doesn’t determine whether the former spouse is entitled to a share of the retirement pay. Even if you don’t meet the 10-year rule, you may still be entitled to a portion of the military retirement as marital property under South Carolina law. The difference is in how you receive that payment:

• Meeting the 10-year rule: DFAS sends payments directly to the former spouse
• Not meeting the 10-year rule: The service member receives the entire retirement payment and must then pay the former spouse their share separately

Direct payment through DFAS is generally preferable because it removes the need to rely on the service member to make payments and provides greater financial security. To establish direct payment, a court order must specifically authorize DFAS to divide the retirement pay, and the former spouse must submit the proper paperwork to DFAS.

Other Important Military Divorce Considerations
The Servicemembers Civil Relief Act (SCRA)
The SCRA provides important protections for active-duty service members in legal proceedings, including divorce. If a service member is deployed or on active duty, they may request a stay (postponement) of divorce proceedings. This ensures they aren’t disadvantaged by being unable to participate fully in their legal case due to military obligations. The SCRA can significantly impact the timing of a military divorce.

Dividing Military Retirement in South Carolina
In South Carolina, military retirement pay earned during the marriage is considered marital property subject to equitable distribution. The court will divide it fairly between the spouses, though not necessarily equally. Courts typically use a formula that considers the length of the marriage, the length of military service, and the overlap between the two.

The most common method is to calculate the marital portion of the retirement using a fraction: the numerator is the number of years of marriage during military service, and the denominator is the total years of creditable military service. The former spouse’s share is then a percentage of this marital portion.

Survivor Benefit Plan (SBP)
The Survivor Benefit Plan is an insurance program that provides continued income to beneficiaries if the military retiree dies. In a divorce, courts can order the service member to maintain SBP coverage for the former spouse, ensuring they continue to receive retirement benefits even after the service member’s death. This requires specific language in the divorce decree and subsequent enrollment with DFAS.

Former spouses should strongly consider negotiating for SBP coverage, especially if they’re receiving a substantial portion of military retirement. Without SBP, retirement payments stop entirely when the service member dies, potentially leaving the former spouse without expected income.

Jurisdictional Issues
Military families often move frequently, which can create jurisdictional questions in divorce. South Carolina courts must have proper jurisdiction over both parties and the marriage to grant a divorce and divide property. Generally, South Carolina can exercise jurisdiction if either spouse is a resident of the state or if the service member is stationed in South Carolina.

Service members can maintain their home state residency for legal purposes even while stationed elsewhere, which can complicate where a divorce should be filed. It’s crucial to work with an attorney who understands both South Carolina family law and military divorce regulations.

Child Custody and Visitation
Military service creates unique challenges for child custody arrangements. Frequent relocations, deployments, and unpredictable schedules can all impact custody and visitation. South Carolina courts consider the best interests of the child when making custody determinations, but military obligations can’t be ignored.

Many custody orders for military families include specific provisions addressing what happens during deployments—such as granting temporary custody to the other parent or to family members. Virtual visitation (via video calls) has become increasingly important for maintaining parent-child relationships during deployments.

VA Disability Benefits
Unlike military retirement pay, VA disability benefits cannot be divided as marital property in divorce. These benefits are considered separate property belonging solely to the service member. However, if a service member waives a portion of retirement pay to receive VA disability compensation (which is tax-free), this can impact the amount of retirement pay available for division.

This creates a tension in military divorce: the service member has an incentive to maximize VA disability benefits, which reduces taxable retirement income, but this leaves less retirement pay to divide with the former spouse. Courts handle this situation differently, but it’s an important consideration in settlement negotiations.

Planning Ahead: What You Can Do Now
If you’re facing a military divorce in South Carolina, careful planning can help protect your interests:

• Document everything: Keep records of marriage dates, military service dates, and any changes in duty status that might affect benefit calculations.
• Understand your benefits status: Calculate whether you meet the 20/20/20, 20/20/15, or 10-year thresholds before finalizing any separation agreements.
• Consider timing: If you’re close to meeting a threshold (especially the 20-year overlap for full benefits), the timing of your divorce could significantly impact your long-term financial security.
• Get specialized legal help: Military divorce involves complex federal regulations that general family law attorneys may not fully understand. Work with an attorney experienced in military divorce.
• Don’t forget about SBP: Ensure your divorce decree includes specific provisions about Survivor Benefit Plan coverage if you’re entitled to a share of military retirement.
• Understand the garnishment limits: Federal law limits the amount of military pay that can be garnished for alimony and child support combined to 60% of disposable retired pay.

Conclusion
Military divorce involves a unique intersection of federal and state law that can be difficult to navigate without proper guidance. The 20/20/20 rule, 20/20/15 rule, and 10-year rule are just some of the special considerations that don’t exist in civilian divorces. Whether you qualify for continued military benefits can have a profound impact on your post-divorce financial security and access to healthcare.

Understanding these rules is the first step, but every military divorce case involves unique circumstances that require individualized legal analysis. If you’re facing a military divorce in South Carolina, it’s essential to work with an attorney who understands both South Carolina family law and the complex federal regulations governing military benefits and retirement.

At Klok Law Firm LLC, we have extensive experience handling military divorce cases in South Carolina. We understand the unique challenges military families face and can help you protect your rights and benefits throughout the divorce process. Whether you’re working toward meeting a critical threshold like the 20/20/20 rule or navigating the division of military retirement benefits, we’re here to guide you through every step of the process.

By Suzanne Klok|2025-11-12T15:59:56+00:00April 15th, 2024|Military Divorce|Comments Off on 20/20/20 Rule: Military Divorce in South Carolina

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About the Author: Suzanne Klok

20/20/20 Rule: Military Divorce in South Carolina
Divorce is complicated enough without adding military service into the mix. When one or both spouses serve in the armed forces, unique federal rules govern how certain benefits are divided and retained after divorce. Among the most important of these is the so-called “20/20/20 rule,” which determines whether a former military spouse can continue receiving full military benefits after divorce. Understanding these rules is crucial for anyone going through a military divorce in South Carolina or anywhere else in the United States.

What Makes Military Divorce Different?
Military divorces involve special considerations that civilian divorces don’t face. Service members are subject to federal laws like the Servicemembers Civil Relief Act (SCRA), which can affect when and how divorce proceedings occur. Additionally, military retirement pay, housing allowances, healthcare benefits, and commissary privileges all fall under specific federal regulations that govern how they’re divided or retained after divorce.

Unlike civilian pensions, military retirement benefits are governed by federal law—specifically the Uniformed Services Former Spouses’ Protection Act (USFSPA). This federal statute allows states to treat military retirement pay as divisible property in divorce, but it also sets important limitations on when and how these benefits can be directly paid to a former spouse.

The 20/20/20 Rule: Full Military Benefits for Former Spouses
The 20/20/20 rule is perhaps the most significant milestone for former military spouses. Under this rule, a former spouse who meets all three requirements continues to receive full military benefits as if they were still married to the service member. These benefits include:

• Full medical coverage through TRICARE
• Access to military commissaries and exchanges
• Use of Morale, Welfare, and Recreation (MWR) facilities
• Access to other on-base services

To qualify under the 20/20/20 rule, a former spouse must meet these three specific criteria:

1. Twenty Years of Marriage
The marriage must have lasted at least 20 years. This is calculated from the date of marriage to the date of divorce decree, not the date of separation. Periods of separation during the marriage still count toward the 20-year requirement as long as you remained legally married.

2. Twenty Years of Creditable Military Service
The service member must have completed at least 20 years of creditable military service. For most service members, this means 20 years of active duty service or a combination of active duty and reserve service that qualifies for retirement benefits. Guard and Reserve members must typically have 20 qualifying years of service, which may span more than 20 calendar years.

3. Twenty Years of Overlap
This is the critical third requirement: at least 20 years of the marriage must overlap with 20 years of creditable military service. In other words, the marriage must have existed during the same time period when the service member was actively serving in the military for at least 20 years.

It’s this third requirement that often proves most difficult to meet. A couple could be married for 30 years, and the service member could have 30 years of service, but if only 18 of those years overlapped, the former spouse would not qualify under the 20/20/20 rule.

The 20/20/15 Rule: Transitional Medical Benefits
For former spouses who almost qualify under the 20/20/20 rule but fall short on the overlap requirement, there’s a second option: the 20/20/15 rule. This rule provides transitional medical benefits for one year after the divorce, though these benefits are more limited than those provided under the full 20/20/20 rule.

To qualify under the 20/20/15 rule, a former spouse must meet these requirements:

• At least 20 years of marriage
• At least 20 years of creditable military service by the service member
• At least 15 years (but less than 20 years) of overlap between the marriage and military service

Former spouses who qualify under the 20/20/15 rule receive TRICARE medical coverage for one year following the date of the divorce. After that year, they must find alternative healthcare coverage. They do not receive the other benefits (commissary access, exchange privileges, etc.) that come with the full 20/20/20 rule.

However, former spouses under the 20/20/15 rule can purchase continued coverage through the Continued Health Care Benefit Program (CHCBP) for up to 36 months after their one year of transitional coverage ends. This program requires monthly premiums and functions similarly to COBRA coverage for civilian health insurance.

The 10-Year Rule: Direct Payment of Military Retirement
Separate from the benefits rules discussed above, there’s another important threshold in military divorce: the 10-year rule for direct payment of retirement benefits. Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), if a marriage lasted at least 10 years AND those 10 years overlapped with 10 years of creditable military service, the Defense Finance and Accounting Service (DFAS) will pay the former spouse’s share of military retirement directly to them.
This is purely a payment mechanism—it doesn’t determine whether the former spouse is entitled to a share of the retirement pay. Even if you don’t meet the 10-year rule, you may still be entitled to a portion of the military retirement as marital property under South Carolina law. The difference is in how you receive that payment:

• Meeting the 10-year rule: DFAS sends payments directly to the former spouse
• Not meeting the 10-year rule: The service member receives the entire retirement payment and must then pay the former spouse their share separately

Direct payment through DFAS is generally preferable because it removes the need to rely on the service member to make payments and provides greater financial security. To establish direct payment, a court order must specifically authorize DFAS to divide the retirement pay, and the former spouse must submit the proper paperwork to DFAS.

Other Important Military Divorce Considerations
The Servicemembers Civil Relief Act (SCRA)
The SCRA provides important protections for active-duty service members in legal proceedings, including divorce. If a service member is deployed or on active duty, they may request a stay (postponement) of divorce proceedings. This ensures they aren’t disadvantaged by being unable to participate fully in their legal case due to military obligations. The SCRA can significantly impact the timing of a military divorce.

Dividing Military Retirement in South Carolina
In South Carolina, military retirement pay earned during the marriage is considered marital property subject to equitable distribution. The court will divide it fairly between the spouses, though not necessarily equally. Courts typically use a formula that considers the length of the marriage, the length of military service, and the overlap between the two.

The most common method is to calculate the marital portion of the retirement using a fraction: the numerator is the number of years of marriage during military service, and the denominator is the total years of creditable military service. The former spouse’s share is then a percentage of this marital portion.

Survivor Benefit Plan (SBP)
The Survivor Benefit Plan is an insurance program that provides continued income to beneficiaries if the military retiree dies. In a divorce, courts can order the service member to maintain SBP coverage for the former spouse, ensuring they continue to receive retirement benefits even after the service member’s death. This requires specific language in the divorce decree and subsequent enrollment with DFAS.

Former spouses should strongly consider negotiating for SBP coverage, especially if they’re receiving a substantial portion of military retirement. Without SBP, retirement payments stop entirely when the service member dies, potentially leaving the former spouse without expected income.

Jurisdictional Issues
Military families often move frequently, which can create jurisdictional questions in divorce. South Carolina courts must have proper jurisdiction over both parties and the marriage to grant a divorce and divide property. Generally, South Carolina can exercise jurisdiction if either spouse is a resident of the state or if the service member is stationed in South Carolina.

Service members can maintain their home state residency for legal purposes even while stationed elsewhere, which can complicate where a divorce should be filed. It’s crucial to work with an attorney who understands both South Carolina family law and military divorce regulations.

Child Custody and Visitation
Military service creates unique challenges for child custody arrangements. Frequent relocations, deployments, and unpredictable schedules can all impact custody and visitation. South Carolina courts consider the best interests of the child when making custody determinations, but military obligations can’t be ignored.

Many custody orders for military families include specific provisions addressing what happens during deployments—such as granting temporary custody to the other parent or to family members. Virtual visitation (via video calls) has become increasingly important for maintaining parent-child relationships during deployments.

VA Disability Benefits
Unlike military retirement pay, VA disability benefits cannot be divided as marital property in divorce. These benefits are considered separate property belonging solely to the service member. However, if a service member waives a portion of retirement pay to receive VA disability compensation (which is tax-free), this can impact the amount of retirement pay available for division.

This creates a tension in military divorce: the service member has an incentive to maximize VA disability benefits, which reduces taxable retirement income, but this leaves less retirement pay to divide with the former spouse. Courts handle this situation differently, but it’s an important consideration in settlement negotiations.

Planning Ahead: What You Can Do Now
If you’re facing a military divorce in South Carolina, careful planning can help protect your interests:

• Document everything: Keep records of marriage dates, military service dates, and any changes in duty status that might affect benefit calculations.
• Understand your benefits status: Calculate whether you meet the 20/20/20, 20/20/15, or 10-year thresholds before finalizing any separation agreements.
• Consider timing: If you’re close to meeting a threshold (especially the 20-year overlap for full benefits), the timing of your divorce could significantly impact your long-term financial security.
• Get specialized legal help: Military divorce involves complex federal regulations that general family law attorneys may not fully understand. Work with an attorney experienced in military divorce.
• Don’t forget about SBP: Ensure your divorce decree includes specific provisions about Survivor Benefit Plan coverage if you’re entitled to a share of military retirement.
• Understand the garnishment limits: Federal law limits the amount of military pay that can be garnished for alimony and child support combined to 60% of disposable retired pay.

Conclusion
Military divorce involves a unique intersection of federal and state law that can be difficult to navigate without proper guidance. The 20/20/20 rule, 20/20/15 rule, and 10-year rule are just some of the special considerations that don’t exist in civilian divorces. Whether you qualify for continued military benefits can have a profound impact on your post-divorce financial security and access to healthcare.

Understanding these rules is the first step, but every military divorce case involves unique circumstances that require individualized legal analysis. If you’re facing a military divorce in South Carolina, it’s essential to work with an attorney who understands both South Carolina family law and the complex federal regulations governing military benefits and retirement.

At Klok Law Firm LLC, we have extensive experience handling military divorce cases in South Carolina. We understand the unique challenges military families face and can help you protect your rights and benefits throughout the divorce process. Whether you’re working toward meeting a critical threshold like the 20/20/20 rule or navigating the division of military retirement benefits, we’re here to guide you through every step of the process.