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Understanding the 20/20/20 military divorce rule

If you live in Texas, are in a military marriage and suspect divorce may be in your future, you may have concerns about whether you or your soon-to-be-ex spouse will maintain access to military benefits after you divorce. At the Law Offices of Keith E. Holloway, we have a firm understanding of the special considerations involved in military divorces, and we have helped many clients learn to navigate them and adjust to life on their own.

Per Military.com, whether you or your ex can maintain access to military benefits, such as TRICARE and use of a commissary, will ultimately depend on whether your marriage and you or your partner’s service meet certain criteria. More specifically, as a couple, you must meet the terms outlined by the 20/20/20 military divorce rule for the non-military member in the marriage to maintain access to benefits, post-divorce.

Essentially, the 20/20/20 rule dictates that, in order for both parties to maintain military benefits after the marriage dissolves, your marriage must have lasted at least 20 years. Furthermore, the party in the military must have served at least 20 years, and the marriage and the period of military service must have overlapped by at least 20 years. Children you share, however, will typically maintain access to military benefits after the divorce, even if both parties in the marriage do not.

Keep in mind, however, that the 20/20/20 rule applies specifically to military benefits. You may still be able to secure, for example, alimony or child support following your divorce to help you get back on your feet. More about military divorce is available on our website.

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Law Offices of Keith E. Holloway
14255 Blanco Rd
San Antonio, TX 78216

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Keith has been very helpful with my divorce. He suggested a great mediator and did everything possible to answer all my questions, and guide me through this very difficult part of my life. I would highly recommend him!
– Vicktorya Dvorkin
Mr. Holloway gave me expedient and sage advice in a crutch situation. He always made himself available to me and returned calls promptly. I walked away with the impression that he actually cared. Thanks Keith.
– James B Lindberg
Great Attorney and all around great guy. Made my first legal experience hassle free. I highly recommend him and his great staff. Thanks Keith, Wish I could have given you 10 Stars!
– Diana Gonzalez Wright
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