A Long-Marriage Uncontested Divorce With Military Retirement Pay and the 20-20-20 Rule

This couple had been married for nearly thirty years, had no minor children, and had been separated for a few months when they decided to end the marriage on agreed terms. One spouse is a retired servicemember, which raised two questions that do not come up in most uncontested cases: what happens to military retirement pay, and whether the other spouse could keep any military health-care and base privileges after the divorce.

The property division itself was simple. One spouse kept a pickup truck and a travel trailer, the other kept an older SUV, and none of the vehicles had loans. Each spouse kept their own individual retirement account. The joint checking and savings accounts were split equally and closed within 30 days after the Final Judgment, and each spouse kept any account in their own name. There were no debts to divide, both spouses waived alimony, and each agreed to pay their own attorney's fees.

The military retirement pay was handled directly in the settlement agreement. The spouse who was not in the service waived any interest in the other's retired pay, and the agreement stated that no Survivor Benefit Plan election was being made. Because the marriage was long and the military career overlapped it, the clients also asked about the federal 20-20-20 rule, which can allow a former spouse to keep certain ID card, commissary, exchange, and TRICARE benefits. The firm explained that the rule comes from federal law, not from the rule that governs dividing retired pay, and that eligibility is decided administratively through the Defense Enrollment Eligibility Reporting System (DEERS), not by the divorce court. The settlement agreement therefore includes a short, non-binding acknowledgment of the marriage and service dates and says that the agreement neither grants nor waives that benefit.

Both spouses signed before a Florida online notary over video, and the signed packet was filed with the court on the day of signing. After the proposed Final Judgment was submitted, the judge entered it the next business day without a hearing. The firm then sent both spouses a summary of the deadlines that matter going forward.

What Slowed This Case Down

The settlement agreement was revised after the clients asked to address military health-care eligibility, which added about a week and a half before the spouses signed.

About two and a half weeks passed between filing and submission of the proposed Final Judgment to the judge, who entered it the next business day without a hearing.

Frequently Asked Questions

Is military retirement pay divided in a Florida divorce?

It can be. Military retired pay may be treated as marital property and divided under federal law, but spouses can also agree in the settlement agreement that one spouse keeps it and the other waives any claim. If the waiver is intended, the agreement should say so clearly.

What is the 20-20-20 rule?

It is a federal rule that can allow an unremarried former spouse to keep certain military benefits, including ID card privileges and TRICARE health coverage, when the marriage lasted at least 20 years, the servicemember had at least 20 years of creditable service, and the two overlapped by at least 20 years. Eligibility is determined by the military through DEERS, not by the divorce court, so a settlement agreement can acknowledge the facts but should not promise the benefit.

Does waiving military retirement pay also waive health-care benefits?

Not automatically. Retired pay and the 20-20-20 benefits come from different federal rules. A settlement agreement can waive a share of retired pay while saying nothing that grants or gives up a possible health-care entitlement, which is what this couple's agreement did.

Do we need a hearing if we have been married a long time?

Not in a typical uncontested case. When both spouses sign a settlement agreement and the required paperwork, the judge can review the file and enter the Final Judgment without a hearing, even after a long marriage.

What happens to joint bank accounts in an uncontested divorce?

The settlement agreement can divide them in any way the spouses agree on and set a deadline to close them. Here the joint accounts were divided equally and closed within 30 days after the Final Judgment.

Why was the case filed in a county other than where the spouses live?

Florida allows an uncontested dissolution to be filed in a county the spouses agree on. The firm files its uncontested cases in a single Florida county under a written venue agreement, and the settlement agreement includes the spouses' written consent to that venue. This keeps the process consistent and efficient wherever in Florida the spouses live.