The 20/20/20 Rule

The 20/20/20 Rule has been implemented to limit eligibility in regards to military benefits. This means that the ex-spouse of a retired military veteran must meet certain requirements in order to secure these benefits. These requirements are quite simple, as they quite literally take after the name:

• The first "20" refers to the number of years that the couple must have been married. If they have been married for any less than 20 years, the spouse may not be entitled to full benefits.
• The second "20" refers to the number of years that the retired veteran must have served with the military, as they must have at least 20 years of service creditable towards retirement.
• Finally, the last "20" refers to the number of years in which the marriage overlapped with the term of service. If any of these requirements are not met, the spouse will not be able to recover full military benefits.

Understanding the General Purpose of the 20/20/20 Rule

When undergoing a military divorce, the spouse of the service member may be entitled to certain retirement benefits. In order to determine whether or not they qualify, however, they must meet the requirements of the 20/20/20 Rule—the first being that the divorce involves a retired military veteran and a dependent spouse. Essentially, this is just a way to determine whether or not the service member's former spouse is a dependent, as this would mean that they would be entitled to all of the same military benefits—including healthcare and commissary privileges. This rule has been implemented, however, as a way of minimizing the amount of people who are entitled to the military benefits that are provided to members of the military and their spouses—as it must be shown that the marriage was long-lasting.

Common Misconceptions About Military Divorce

Many people hold misconceptions about military divorce that can lead to confusion and misinformation. Understanding these myths is crucial for anyone navigating the complexities of a military divorce. 

Here are some common misconceptions and the truths behind them:

• Myth: Military divorces are always quicker than civilian divorces.
  Truth: While some aspects may be expedited, factors such as deployment and military regulations can actually prolong the process.
• Myth: Service members are automatically entitled to half of their spouse's retirement benefits.
  Truth: The division of retirement benefits is subject to specific legal criteria and may not always result in an equal split.
• Myth: Child custody is always awarded to the civilian spouse.
  Truth: Custody decisions are made based on the best interests of the child, and military service does not automatically disadvantage a service member.
• Myth: You cannot file for divorce while your spouse is deployed.
  Truth: You can file for divorce during deployment, but there are specific legal protections and processes in place that must be followed.

By debunking these myths, you can approach your military divorce with a clearer understanding of your rights and options. Our experienced attorneys at Charles E. Willmott, P.A. are here to provide accurate information and support throughout your divorce process.

Why Choose Charles E. Willmott, P.A. for Your Military Divorce Needs?

When navigating the complexities of military divorce, especially under the unique circumstances of military service, having the right legal representation can make all the difference. At Charles E. Willmott, P.A., we understand the emotional and financial challenges you face during this time. Our dedicated team is committed to providing personalized legal solutions tailored to your specific needs.

Here’s why clients in Jacksonville trust us with their divorce cases:

• Expertise in Military Law: Our firm specializes in military divorce, ensuring you receive knowledgeable guidance on the 20/20/20 Rule and other relevant military regulations.
• Compassionate Support: We prioritize your well-being, offering empathetic support throughout the legal process to help you make informed decisions.
• Proven Track Record: With years of experience, we have successfully represented numerous clients, achieving favorable outcomes in complex divorce cases.
• Transparent Communication: We believe in keeping our clients informed every step of the way, ensuring you understand your options and the implications of each decision.
• Flexible Consultation Options: We offer in-person, phone, and virtual consultations to accommodate your schedule and comfort level.

Choosing the right attorney can significantly impact your divorce process. Let us help you navigate this challenging time with confidence and clarity.