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Understanding benefits eligibility after a military divorce

Marrying a Texas resident who is also a member of the U.S. Armed Forces brings with it certain benefits, such as the ability to gain access to TRICARE, which is military health care coverage. Marrying a service member also gives you the opportunity to shop at commissaries, which offer military families tax-free and discounted products, but you may be wondering whether you will still be able to utilize these benefits if your marriage to a service member crumbles. At the Law Office of Roland R. Esparza, P.C., we recognize that military divorce involves special considerations, and we have helped many people involved in military divorces pursue solutions that meet their needs.

Per Military.com, most men and women who divorce military spouses become ineligible for military benefits such as TRICARE and commissary use once their divorces finalize. This is due to the fact that, in order to continue to retain military benefits access after your split, your marriage, and your former partner’s service terms, must meet certain guidelines.

Ultimately, whether you can still take advantage of military benefits after your divorce will depend on whether your situation adheres to the terms outlined by the 20/20/20 military divorce rule. What does that mean, exactly? First, you and your military spouse must have had a marriage that lasted at least 20 years, and second, your former military spouse must have served his or her country for at least 20 years.

Third, your 20-year marriage and your spouse’s 20-year service term must have overlapped by 20 or more years in order for you to still qualify for military benefits following your divorce. Even if you do not qualify for military benefits after your split, you may have other options at your disposal that could potentially help you get by without your spouse. Learn more about military divorce by exploring our webpage.

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