Military divorce in Arizona raises many questions, including one of the most common: how long do you have to be married to get military benefits after divorce? Eligibility depends largely on how the marriage overlaps with the military member’s service. The 10/10 rule allows for direct payment of retirement if the marriage and service each lasted at least 10 years during the same timeframe. The 20/20/20 rule offers broader benefits, such as Tricare and base access, when all three factors—marriage length, service time, and their overlap—hit the 20-year mark. At Arizona Law Group, we work with spouses across Phoenix to explain these requirements and help preserve the benefits that were earned over years of military service and marital partnership.
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Military Benefits for Spouses After Divorce
Eligibility for military benefits after divorce depends on how long the marriage lasted and how many of those years overlapped with the military member’s service.
There are two primary benchmarks used by the Department of Defense:
- 10/10 Rule: If you were married for at least 10 years and your spouse served for 10 years of creditable service during that same time, you’re eligible to receive your portion of retirement pay directly from the Defense Finance and Accounting Service (DFAS).
- 20/20/20 Rule: If the marriage lasted 20 years, your spouse had at least 20 years of military service, and those timeframes overlapped for 20 years, then you may retain full benefits like Tricare, commissary, and base privileges after the divorce.
Some spouses may also qualify under a transitional category known as the 20/20/15 rule, which offers one year of medical coverage after divorce, but without commissary or exchange access.
How Legal Separation Affects Military Benefit Eligibility
Legal separation in Arizona doesn’t carry the same weight as divorce when it comes to benefit distribution. You may still be married on paper, but some entitlements may shift depending on the nature of the separation and court orders. Arizona statute ARS §25-318.01 outlines how courts handle service-related pay and disability:
- Courts may consider VA disability benefits awarded under 10 U.S.C. §1413a or 38 U.S.C. Chapter 11.
- Spouses may be compensated if a service member waives retired pay to receive disability.
- Courts can award other income or property to the non-military spouse to offset reductions in pay.
Military Retirement and Divorce Settlements
A military pension is often one of the most valuable marital assets. Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), Arizona courts can divide retirement pay as community property.
Key Considerations:
- The 10/10 rule affects direct payment, not the right to a share.
- Arizona is a community property state, so any retirement earned during the marriage is generally divisible.
- Courts may use the time rule formula to calculate how much of the retirement is marital.
Dividing these assets correctly can make a huge difference in your financial future.
Real Help for Real People
Arizona Law Group is a client-focused family law firm with over 100 years of combined experience helping Arizona families navigate divorce, child custody, support, and other domestic relations matters. Serving clients across Phoenix, Scottsdale, Chandler, Mesa, Peoria, and beyond, our attorneys take on only the cases where we know we can make a meaningful difference. We keep caseloads small, offer transparent communication, and deliver tailored legal strategies to protect our clients’ rights and guide them toward a better future.
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Divorce and the Thrift Savings Plan (TSP)
The Thrift Savings Plan (TSP), a government-sponsored retirement savings plan for service members, operates much like a civilian 401(k). During divorce proceedings, it is subject to division under Arizona’s community property laws, and courts often treat it similarly to other marital retirement assets.
What You Need to Know:
- Courts can award a portion of the TSP through a Retirement Benefits Court Order (RBCO), which ensures proper division between spouses.
- The non-service member spouse may receive either a flat dollar amount or a percentage, depending on the court’s findings and the duration of the marriage.
- Any loans taken against the TSP or recent rollovers may reduce the value subject to division, which could impact final settlement calculations.
Understanding how the TSP impacts long-term financial security can be critical in a divorce. Proper legal guidance ensures that entitlements are not overlooked or undervalued during property division.
VA Disability Benefits After Divorce
VA disability benefits are not divisible as marital property, but they can influence how other assets are divided. Arizona’s community property laws apply, meaning all income earned during the marriage belongs equally to both spouses.
According to 38 CFR §74.3, Arizona is a community property state. This means:
- Veterans are presumed to own only 50% of the community property.
- Courts may award compensatory assets if retirement pay is reduced due to disability.
Medical Coverage for Divorced Military Spouses
Under the 20/20/20 rule, qualified former spouses retain full access to:
- Tricare medical coverage
- Military ID cards
- Exchange and commissary privileges
Those under the 20/20/15 rule only receive one year of medical benefits after divorce.
If you don’t meet these thresholds, the Continued Health Care Benefit Program (CHCBP) is a backup option. It offers up to 36 months of coverage, but it comes at a personal cost.
Tricare Premiums (2025):
- Individual: ~$1,654/year
- Family: ~$4,134/year
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Post-9/11 GI Bill Benefits for Former Spouses
Post-9/11 GI Bill education benefits typically remain with the service member, unless they’ve been formally transferred during the marriage.
To be eligible:
- The transfer must have occurred while married.
- The service member must not revoke the transfer after divorce unless stated in the decree.
If these benefits were used for your schooling during the marriage, they could influence spousal support or asset distribution.
BAH Eligibility for Divorced Military Spouses
Basic Allowance for Housing (BAH) is designed to help cover housing costs for military families. After divorce:
- The service member retains BAH eligibility if they continue to support dependents.
- The former spouse does not qualify for BAH directly.
- Child support or alimony may indirectly reflect BAH amounts in support calculations.
Some Arizona courts will factor in the BAH when determining support obligations, especially when children are involved.
Speak to a Military Divorce Lawyer to Understand Your Rights and Benefits
Military divorce can be complicated, but you don’t have to face it alone. At Arizona Law Group, we guide Phoenix clients through the 10/10, 20/20/20, and transitional rules to secure the benefits they deserve.
Have questions about your military benefit rights? Call us at 602-562-2222 or visit us at 202 E Earll Dr Ste 160, Phoenix, AZ 85012 to schedule your consultation.