10/10 and 20/20/20 Rule

The “10/10 Rule” (also known as the 10-year rule) is often misunderstood. Specifically, it states that if a service member and their spouse have been married for at least 10 years, during which the service member performed at least 10 years of creditable military service, the Defense Finance and Accounting Service (DFAS) can directly deposit the former spouse’s share of the retirement pay. Without this rule, the service member is responsible for making payments directly to the former spouse. Think of it as: If 10/10 rule applies the DFAS pays you and if it does not apply, your ex is responsible for paying you. It’s important to note that the “10/10 Rule” doesn’t affect the division of military benefits themselves; it only determines the method of payment.

You may be asking yourself when does the duration of the marriage stop? Is it when we separate? When we chose to get a divorce? In Arizona, the duration of the marriage for the purposes of calculating the 10/10 Rule ends on the date the marriage is legally dissolved. The clock on the “10 years of marriage” stops when the divorce decree is officially entered, not when you separate or when the divorce is finalized later. (Arizona Revised Statutes § 25-325).

In contrast, the 20/20/20 allows a former spouse of a military service member to keep certain military benefits after divorce if specific requirements are met. The 20/20/20 “checklist” is:

1. The service member must have completed at least 20 years of creditable military service.
2. The marriage must have lasted at least 20 years.

• There must be at least a 20-year overlap between the marriage and the military service.

Make sure to keep in mind that all three requirements must be satisfied for the 20/20/20 rule to apply. If a military spouse meets all qualifications, they receive access to the same benefits as the military member for the rest of their life. These benefits continue for life unless you remarry or secure employer-sponsored health insurance. Some of these benefits include TRICARE, commissary and exchange privileges, and a portion of the military spouse’s retirement pay and may even pension. Just like the 10/10 rule, the 20/20/20 rule ensures that your share of the military pension is paid directly to you by the Defense Finance and Accounting Service (DFAS), minimizing direct contact with your ex.