What is the 20/20/20 rule in a Louisville military divorce? Are you searching for a Louisville area divorce attorney with extensive experience in military divorces involving children, retirement, benefits and access to the base exchange?
Here in the Commonwealth of Kentucky, many of our state’s divorce laws apply when one or both of the parties in the divorce are active military. However, there are special provisions under the Uniform Services Former Spouses Protection Act (USFSPA) that protect the rights of the spouse of an active duty service member in a divorce. This is true if the service member is presently in active duty, or if the service occurred during the course of the marriage.
The 20/20/20 rule is an example of one of those unique benefits of the USFSPA. If a couple were married for at least 20 years during which the service member provided more than 20 years of work that is creditable toward retirement, and the 20 years of that service occurred during the course of the marriage, the non-remarried former spouse will receive several important benefits, including, but not limited to:
- Full medical care
- Access to the Commissary and Base Exchange
- A significant portion of the service member’s disposable retirement pay
However, if that spouse is to remarry in the future, these medical benefits and access to base shopping privileges are terminated. The 20/20/20 rule provides a qualifying spouse to receive half of the service member’s disposable retirement pay based upon the the time frame between the date of the marriage and the date of separation. In addition, a qualifying former spouse would receive military medical benefits (Tricare), Basic Housing Allowance (BAH), and GI Bill benefits.
Military divorce cases in Louisville and throughout Kentucky must also manage important issues such as child custody and parenting time, move-away and relocation issues, maintenance (spousal support), and the division of substantial assets including ownership interests in a business or professional practice.
How will Kentucky family law, the USFSPA and issues such as the 20/20/20 rule affect your military divorce here in Louisville and the surrounding communities? Dodd and Dodd Attorneys, PLLC was established in 1869 (more than 150 years ago) and has always served and protected the rights of active duty and retired military and their families. If you have questions about any aspect of a military divorce, or modifications to existing orders after a divorce we invite you to review the strong recommendations of our former clients and the legal industry and contact Dodd & Dodd or call 502-584-1108 to schedule an appointment with one of our attorneys.
