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Is it true under title 10, 20/20/20 rule for spouses of retired military, most do not get 50%

Camp Hill, PA |

I was told the trend is in divorce the 20/20/20 spouses usually only get about 25% of the retirement pay; although retired military pay is considered property/entitilement, not a true retirement plan like a 401k.

Attorney Answers 3


Pennsylvania uses an equitable division of marital property approach. That will determine how much you would get of the retirement pay. The 20/20/20 rule only impacts the entitlement to other benefits. Obviously if you qualify as a 20/20/20 spouse, you had a long marriage and that factor, combined with your other circumstances will determine how much of military retired pay you will receive. Consult with a local divorce attorney about the details of your case.

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Military retired pay is generally considered marital property. What percent you receive depends on your case. There is no automatic amount that you will get. A 20/20/20 spouse is entitled to receive direct payments from DFAS and to retain their military ID and tricare.

The information provided is for general informational purposes only and not intended to be legal advice. If you require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.

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I'm not a PA attorney, please understand. I'll help as best I can. The 20/20/20 rule as I understand it is a guideline. There are a lot of factors that fall into place, and each state varies. You'll need to work within the rules of your state, and all of the factors that apply to your unique situation/divorce. My honest advice is that couples are generally happier post-divorce when they equitably and amicably split property and custody in a divorce and walk away on good terms versus tit-for-tat contested divorces, which are expensive and unpleasant. Now is not the time to screw the other person and get greedy... just keep your sanity, remain friendly with this person you knew and loved for decades, and walk away on good terms. It didn't work. Doesn't mean you have to hate each other.

Best of luck to you!

*NOT LEGAL ADVICE. YOU HAVE NOT PAID ME A RETAINER. WE DO NOT HAVE AN ATTORNEY CLIENT RELATIONSHIP. This is general information for educational purposes only. You should always hire a lawyer and reveal all the unique facts to get the best answer for your unique situation. Answering this question on a public forum does not create an attorney-client relationship.

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