Military divorces come with a unique set of rules that can significantly impact the financial and legal future of both spouses. One of the most important regulations for military spouses is the 20/20/20 rule—a federal guideline that determines eligibility for continued military benefits after divorce.
At Genus Law Group, we regularly help service members and their spouses across New Mexico understand their rights during divorce. Whether you're active duty, retired, or a military spouse, knowing how the 20/20/20 rule works can make a big difference in your post-divorce planning.
What Is the 20/20/20 Rule?
The 20/20/20 rule refers to three specific requirements that must all be met for a former military spouse to retain full military benefits after divorce.
- The couple must have been married for at least 20 years
- The military member must have at least 20 years of creditable service toward retirement
- There must be at least a 20-year overlap between the marriage and the military service.
If all of these conditions are satisfied, the non-military spouse is classified as a “20/20/20 spouse” and is entitled to continue receiving important military benefits in their own right, without relying on their former spouse’s military status.
What Benefits Does a 20/20/20 Spouse Keep?
A qualifying 20/20/20 spouse retains full access to TRICARE health coverage, can continue using military commissaries and exchanges, and is allowed access to on-base privileges such as recreational services. These benefits are not just conveniences—they provide crucial financial and healthcare support for individuals who may have built their lives around supporting their spouse’s military career, often at the expense of their own employment or retirement planning.
In some cases, the 20/20/20 designation may also allow access to certain survivor benefits, depending on how the military member’s retirement and insurance plans are structured.
What If You Don’t Meet the Full 20/20/20 Criteria?
If you’re close to meeting the rule but fall short in one area, there may still be limited benefits available. For instance, under the 20/20/15 rule, where the marriage and military service only overlapped for 15 years, the former spouse may be eligible for one year of continued TRICARE coverage after the divorce. However, after that period, military health benefits end, and the former spouse must seek coverage elsewhere.
Spouses who don’t meet either rule will generally lose access to military benefits upon finalization of the divorce. That’s why it’s crucial to work with a divorce attorney who understands how to structure settlement agreements and timelines in a way that may help you maximize your eligibility.
Legal Support for Military Divorce in New Mexico
Navigating a military divorce requires more than just knowledge of New Mexico family law—it demands an understanding of federal military benefit systems and how they intersect with divorce proceedings. At Genus Law Group, our attorneys are experienced in handling military divorces for both service members and spouses. We’ll help you assess whether you qualify for 20/20/20 or 20/20/15 benefits, negotiate a fair division of retirement and healthcare access, and ensure your divorce agreement protects your long-term interests.
Whether you're stationed in New Mexico or residing here as a military spouse, our legal team is ready to help you through the process with compassion, clarity, and strength.
Let’s Talk About Your Rights
If you’re divorcing a military service member or are in the military yourself, don’t go it alone. The laws are different, and the stakes are high. Call Genus Law Group at 505-317-4455 or Contact Us through our website today to schedule a consultation and learn how the 20/20/20 rule and other military divorce factors may apply to your case. We’re here to protect your future—on and off the base.
