{"id":353871,"date":"2017-01-11T11:16:34","date_gmt":"2017-01-11T16:16:34","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/military\/family-employment-housing\/the-10-10-rule-and-military-divorce.html"},"modified":"2017-01-11T16:17:10","modified_gmt":"2017-01-11T21:17:10","slug":"the-10-10-rule-and-military-divorce","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/military\/family-employment-housing\/the-10-10-rule-and-military-divorce.html","title":{"rendered":"The 10\/10 Rule and Military Divorce"},"content":{"rendered":"\n
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The 10\/10 Rule and Military Divorce<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Key Takeaways<\/h2>\n

 To clarify, the Act (codified as 10 U.S.C. 1408<\/a>) does not "entitle" a former spouse to a portion of a servicemember’s pension — that is determined by the state court hearing the case.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n

Parties to a divorce are generally required to split their marital property and assets (as well as any debts) in accordance with state law. This often includes retirement pay, depending on the details of the case and corresponding property division laws. Military divorce cases, which also are governed by state law<\/a>, are subject to federal law with respect to how retired pay is disbursed to the former spouses of U.S. military servicemembers.<\/p>\r\n

This article focuses on the so-called "10\/10 rule," which governs the manner in which the former spouse of a servicemember may collect his or her court-ordered portion of the servicemember’s retired pay in a military divorce<\/a> case.<\/p>\r\n

The USFSPA and the 10\/10 Rule at a Glance<\/h2>\r\n

While state courts retain jurisdiction over military divorce cases, including orders of alimony and property division, the federal Uniformed Services Former Spouses’ Protection Act<\/a> (USFSPA) helps enforce divorce-related court orders.<\/p>\r\n

Under the USFSPA, the 10\/10 rule allows eligible former spouses of servicemembers to receive their court-ordered portion of the servicemember’s retired pay directly from the Defense Finance and Accounting Service<\/a> (DFAS). Otherwise, this payment must be procured from the servicemember, which may be inconvenient or logistically difficult.<\/p>\r\n

The number "10" in 10\/10 refers to the eligibility requirements for those seeking direct payment from the DFAS.<\/p>\r\n

The 10\/10 Rule and Military Divorce: Eligibility<\/h2>\r\n

If the state court hearing a military divorce case awards retired pay (as marital property) to the former spouse of a servicemember, typically expressed as a percentage of disposable retired pay, the USFSPA will enforce such payments if:<\/p>\r\n

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  1. The servicemember and former spouse were married to each other for at least 10 years<\/b>; and<\/li>\r\n
  2. During the time of marriage, the servicemember performed at least 10 years of military service<\/b> creditable toward retirement eligibility.<\/li>\r\n<\/ol>\r\n\r\n

    In this context, "enforcement" means that former spouses will be entitled to receive these payments directly from the military without having to rely on the individual servicemember. Keep in mind that former spouses are entitled only to the "marital portion" of servicemembers’ retired pay — that which was earned during the period of marriage. This is limited to 50 percent of the servicemember’s disposable retired pay, defined as total retired pay, minus the following:<\/p>\r\n