Austin, TX Military Divorce Guide – Compassionate Legal Insight
Divorce is never easy. If you’re divorcing a service member in Austin, Texas, the process can feel even more complicated. You may wonder what happens to your military healthcare, ID card, or base privileges, and whether you’ll continue receiving any form of support.
In Texas, military divorce blends community property laws with federal guidelines like the Uniformed Services Former Spouses’ Protection Act (USFSPA). These laws look closely at how many years you were married and whether those years overlapped with military service. The good news is that if you meet certain criteria, you can still keep some or all of your benefits. If you don’t meet those thresholds, there are alternatives and transitional programs that can offer support.
This guide explains these rules in a clear, compassionate way. You’ll learn how long you need to be married to retain benefits, what happens if you divorce before reaching the 20-year mark, and how to protect yourself during the process. Let’s break down the essentials, so you can focus on your future rather than feeling overwhelmed by legal details.
How Long Must a Marriage Last to Keep Military Benefits After Divorce?
For most former spouses, military benefits end once the divorce is finalized. This includes losing your dependent ID, base access, commissary privileges, and Tricare coverage. If your marriage doesn’t meet certain length requirements, you may need to find alternative health insurance and plan for the financial impact of losing these perks.
However, specific rules can allow you to keep some or all benefits. The two main ones are known as the “20/20/20 rule” and the “20/20/15 rule.” Both hinge on the duration of your marriage and how many of those years overlapped with your spouse’s creditable military service. If you qualify, you won’t automatically lose everything—there are exceptions for spouses who have devoted decades to supporting a service member’s career.
What Is the 20/20/20 Rule and Why Does It Matter?
The 20/20/20 rule applies if you were married to your service member for at least 20 years, your spouse served for at least 20 years, and there was at least a 20-year overlap of the marriage and the military service. These three elements must all be satisfied for you to retain full benefits after the divorce.
If you meet this rule, you can keep your military ID card, remain on Tricare for health insurance (provided you do not remarry), and maintain access to the commissary, exchange, and other on-base facilities. These benefits can make a tremendous difference in your post-divorce life, offering financial relief and a sense of continuity after a significant marital transition.
In practical terms, 20/20/20 recognition acknowledges the long-standing commitment you made as a military spouse. It ensures that you don’t lose access to essential resources simply because your marriage ended. The key is documenting your eligibility with the proper papers, like marriage certificates and proof of service years, which a knowledgeable attorney can help you compile.
What Is the 20/20/15 Rule?
The 20/20/15 rule is a partial measure that applies if you have at least 20 years of marriage and your spouse has at least 20 years of service, but the overlap between the two is only 15 to 19 years. This rule offers a one-year extension of Tricare medical benefits once the divorce is finalized.
Under 20/20/15, the only benefit you keep is Tricare for that transitional year. You lose access to the commissary, exchange, and most base privileges. Still, this window helps you secure other insurance coverage and adapt to civilian life without an immediate cutoff of healthcare. In a situation where you almost—but not quite—meet 20/20/20, this temporary solution can soften the financial and emotional blow of divorce.
Can You Still Get Military Health Insurance (Tricare) After Divorce?
Tricare typically ends the day your divorce is final, unless you qualify under 20/20/20 or 20/20/15. In other words, most ex-spouses lose their military health coverage outright, which can feel scary if you’ve relied on it for years. However, if you meet 20/20/20 criteria, you keep Tricare permanently, as long as you remain unmarried. If you qualify under 20/20/15, you get Tricare for one additional year.
If neither rule applies, your former spouse’s military benefits no longer extend to you once the court signs your divorce decree. Fortunately, there is a temporary safety net called the Continued Health Care Benefit Program (CHCBP). CHCBP lets you buy into a plan similar to Tricare for up to 36 months, giving you time to obtain new coverage through an employer or individual policy. Although you pay a premium, it can prevent lapses in health insurance during a challenging time.
Children of a service member, however, remain eligible for Tricare until they reach the age limit, regardless of the divorce. So if you’re worried about medical coverage for your kids, you can rest assured that their coverage usually continues until they age out of eligibility.
How Does the 10/10 Rule Affect Military Retirement Benefits?
The 10/10 rule is often confused with the length-of-marriage rules for ongoing benefits, but it’s different. The 10/10 rule affects how you receive any portion of your ex-spouse’s military pension that you are awarded in the divorce. If you have at least 10 years of marriage overlapping 10 years of your spouse’s service, the Defense Finance and Accounting Service (DFAS) can pay your share of the retirement directly to you.
This direct payment is beneficial because it ensures you receive your pension portion on time each month, independent of whether your ex-spouse chooses to forward payment. But if you only had, for example, seven years of marriage while your spouse was serving, you can still be granted a share of the pension. It just won’t come directly from DFAS; instead, you’d rely on your ex to pay or a court order to enforce it.
It’s also important to remember that the 10/10 rule doesn’t determine whether you can receive a portion of the retirement. Under Texas community property laws, the court can divide military retired pay earned during the marriage no matter how long the marriage lasted. The 10/10 rule simply changes the payment method.
What Is the Uniformed Services Former Spouses’ Protection Act (USFSPA)?
USFSPA is a federal law authorizing state courts to treat military pensions like marital property. Before this law, military retirement benefits belonged solely to the service member. Now, thanks to USFSPA, a judge can split this asset during divorce, similar to how other retirement plans or property might be divided.
USFSPA works in tandem with Texas divorce law. Specifically, Texas is a community property state, which means marital assets are typically divided equitably. The marriage’s portion of the pension is therefore subject to division, but how much you receive depends on the details of your marriage and your spouse’s service. If you also meet the 10/10 rule, DFAS will send your share directly. If not, you’re entitled to a portion but must receive it through alternative payment arrangements.
This law is essential because it allows for fair distribution of a substantial retirement benefit. By recognizing the role spouses play in supporting military careers, it ensures you aren’t left out when assets are divided.
What If You Don’t Meet the 20/20 Rule Requirements?
Many marriages end before reaching the 20-year mark, and that can create anxiety about losing all military benefits at once. If your marriage doesn’t satisfy at least 20/20/15, you will typically lose Tricare and on-base access immediately upon divorce. While it can feel daunting, there are still steps you can take to manage this transition.
First, consider temporary options like CHCBP for health coverage. Although you’ll pay premiums, it prevents gaps in insurance and can cover you for up to 36 months. Also, an experienced attorney can help you negotiate for spousal maintenance or a fair division of assets, including any portion of the pension, Thrift Savings Plan (TSP), or other financial resources. These can help offset the cost of civilian healthcare and daily living expenses.
You may also find support through community resources, counseling, or local organizations in Austin that focus on helping former military spouses. Even without ongoing access to the military community, you can still secure a safety net for yourself through careful planning and legal guidance.
Are There Other Military Benefits Affected by Divorce?
Yes. Beyond Tricare and base privileges, divorce can impact additional benefits and programs:
- Survivor Benefit Plan (SBP): An annuity that pays your spouse’s retirement benefit to a designated beneficiary after death. If you had SBP coverage during marriage, it does not automatically continue after divorce. You or your ex-spouse must notify the proper authorities within one year to maintain “former spouse” coverage. Otherwise, it lapses, and you lose that potential income stream if your ex-spouse dies first.
- VA Benefits: Generally, VA disability compensation and VA healthcare are exclusive to the veteran and do not transfer to a former spouse. Educational benefits, if already transferred to you before divorce, might remain intact, but they cannot be newly awarded to a former spouse through the court.
- Life Insurance (SGLI/VGLI): Service members can change beneficiaries post-divorce, unless a court order requires a specific designation. You may want to secure your own life insurance policy if you had relied on your spouse’s military coverage for financial protection.
- Housing and Allowances: You cannot remain in base housing once the divorce is final. If the service member was receiving Basic Allowance for Housing (BAH) at the “with dependents” rate, that also adjusts after the divorce, which may affect overall financial support.
By understanding these details, you and your attorney can address each benefit in the divorce decree to ensure no major surprises arise later.
If I Remarry, Will I Lose My Military Ex-Spouse Benefits?
Yes. Remarriage ends many former spouse benefits, especially if you qualified under 20/20/20 or 20/20/15. For instance, Tricare coverage is contingent on remaining unmarried, so getting married again disqualifies you from further health benefits through your ex-spouse’s service. Base and commissary privileges also end when you remarry, because you no longer meet the definition of an eligible former spouse.
One exception is the portion of retirement pay awarded as property. You keep that share regardless of whether you remarry because it’s considered your separate property post-divorce. However, anything tied to your marital status—like ongoing Tricare or access to certain resources—will no longer apply once you say “I do” to a new partner. If you’re relying on these benefits, be sure to understand the financial impact before deciding to remarry.
How Can an Austin Military Divorce Attorney Help Protect Your Benefits?
Military divorce can be overwhelming, but you don’t have to figure it all out on your own. An Austin-based attorney who understands both Texas community property laws and federal military regulations can guide you through the process. They’ll help you determine which rules apply, such as the 20/20/20 or 10/10 standards, and how to document eligibility for continued benefits.
They’ll also ensure your divorce decree contains the precise language that DFAS requires for direct pension payments, if you qualify. This includes spelling out the marital portion of military service and setting deadlines for designating SBP or other benefits. Mistakes or omissions in these areas can cost you valuable rights—and once those deadlines pass, it’s often difficult to correct them.
Beyond paperwork, a compassionate lawyer will advocate for fair asset division and, if needed, spousal maintenance. They recognize the emotional toll you’ve experienced and strive to secure a stable financial future for you. Combining local expertise with an understanding of military culture, an experienced attorney can make a daunting process more manageable and less stressful.
Conclusion
Facing a divorce when your spouse serves or served in the military can be intimidating. Whether you keep your benefits hinges on the length of your marriage and its overlap with service, and understanding rules like 20/20/20, 20/20/15, and 10/10 can make a world of difference. Even if you don’t meet these thresholds, you still have rights: from CHCBP for transitional healthcare to community property laws that protect your share of the pension.
By knowing how these rules work—and by seeking experienced legal counsel—you can navigate this complex process with greater confidence. You supported your spouse’s military career, and the law acknowledges that sacrifice in many ways. Take the time to explore your options thoroughly so you can move forward with security, stability, and peace of mind.