Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.
The 20/20/20 rule pertains just to your ID card and Tricare rights. What is says is that you can have those benefits if your marriage was at least 20 years long, his service was at least 20 years long and your marriage overlapped 20 years of military service. Then you get those two benefits automatically.
The SBP is something that you are eligible to request, but whether or not you get it is up to the state court. It's not a right, no matter how long you've been married.
Likewise, whether or not you receive any portion of his military retirement is also a decision for the state court, which is permitted but not obligated to divide that retirement. Given the length of your marriage, it is highly likely that the court would divide it and grant you an award of the retirement though. The state has the authority to grant anywhere from 0% to 50% based on a formula of it's choose, or no formula at all, and none of those results would run afoul of the law on this issue. You just have to make a request to the state court that would be considering your divorce. Most commonly though, the courts use a formula that would take into consideration how much of your marriage overlapped the military service. If your marriage overlapped it all, chances are high you'd get 50% of the retirement.
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