A specific provision exists regarding military retirement benefits within the context of divorce. This provision dictates that a former spouse may be entitled to a portion of the service member’s retirement pay if the marriage lasted at least 20 years, the service member performed at least 20 years of creditable service, and there was at least a 20-year overlap between the marriage and the military service. This “20/20/20” guideline determines direct payment of retirement funds from the Defense Finance and Accounting Service (DFAS) to the former spouse. For example, if a couple was married for 22 years, the service member served for 24 years, and their marriage overlapped with the military service for 21 years, the former spouse would generally meet the criteria for direct payment of a portion of the retirement pay.
The significance of this particular rule lies in its ability to offer financial security to former spouses who have significantly contributed to a service member’s career and sacrifices during their time in the military. Understanding this framework is important because it can drastically impact the financial outcomes of a divorce. Its historical basis stems from efforts to acknowledge the non-monetary contributions of military spouses, such as managing frequent relocations, raising children during deployments, and providing emotional support, which often enable the service member to focus on their military duties. The rule is critical for ensuring fair and equitable distribution of marital assets.
