Military Family Law
Helping Families Throughout San Diego County
Honest Counsel, Straightforward Answers
2424 Vista Way
Oceanside, CA 92054
Phone: (760) 721-3839
Fax: (760) 721-2533
A spouse who is married to a Service Member for 20 years from Date of Marriage to the Date of Divorce (Final Judgment) while that Service Member performs 20 years of credible military service is considered to be a "20/20/20" spouse. This is commonly referred to as the "20/20 Rule", or simply "20 / 20".
Under the "Uniform Services Former Spouses' Protection Act" (USFSPA), qualifying as a 20/20/20 spouse requires that 20 years have passed from the date of marriage to the actual date of the divorce (versus the date of separation). This is an important distinction. When dividing the military retirement in a military divorce under California Law, the spouse only receives ½ of the disposable retired pay from the Date of Marriage to the Date of Separation. An un-remarried 20/20/20 spouse will receive full Medical Care, Commissary and Base Exchange benefits, as well as the portion of the disposable retirement pay. The Commissary, Base Exchange (BX), and medical coverage are suspended if the Spouse remarries. However, if the former military 20/20/20 spouse terminates the subsequent marriage (divorces again), these benefits are "revived". These are important and critical benefits to preserve and protect, and it is important to hire an attorney with a comprehensive understanding of all areas of the law and how it will apply to your unique scenario.
Why is it Important to Have an Experienced Former Military Officer for your 20/20/20 Military Divorce?
Military divorces, especially those who qualify as 20/20/20, require a unique set of skills and knowledge of the application and nuances of military and civilian law. There are potential pitfalls that a civilian attorney may miss that can preclude you from achieving the best result for both parties. As a former Marine and Judge Advocate General Officer, William Halsey has the experience and legal expertise to provide guidance to military personnel and their spouses who are considering a divorce.
At the Law Office of William C. Halsey, we have a genuine respect for military families and will work to make sure that your rights and interests are protected. There are long term ramifications when a marriage comes to an end. This is complicated when one or both of the spouses are active or retired military personnel. There are substantial issues relating to child custody, the division of debts and assets, and the protection of military retirement that must be fully understood and taken into account. Isn't it important to work with someone who shares your values, and your service to this nation?
Contact us or call us at (760) 721-3839 to discuss your unique situation, or schedule a free initial consultation at our office in Oceanside near Highway 78 and Interstate 5.
We are open weekdays and offer evening, weekend and offsite appointments upon request. Let our experienced lawyers give you the sound legal counsel needed to make the important decisions in front of you, and to protect your interests and those of your family. We appreciate the service you and your family have offered to our country.
Copyright 2021 – Law Office of William C. Halsey
Disclaimer: The information contained herein is provided for informational purposes only and is not intended to serve as legal advice. You should not act or fail to act based on the information on this website. Prior results do not guarantee a similar outcome. Attorneys at Law Office of William C. Halsey are licensed to practice law in the State of California.