There are some other differences though. Also, for court orders issued prior to November 14, 1986, if any portion of a member's military retired pay is based on disability retired pay, the orders are unenforceable under the USFSPA. The “20” in the 20/10/10 Rule refers to the number of years of service needed to reach retirement. Finally, Tricare eligibility is also affected once you get divorced from a military spouse. This isn’t the case at all. The act also allows the military to pay the ex-spouse directly (if a court orders retirement pay division), if they were married for more than 10 years, with more than 10 years overlapping military service. If you don’t meet these expectations, there are other options for Tricare as a divorcee. If a division of marital property is ordered, and the couple has been married at least 10 years that overlapped with 10 years of military service, then the payment can be made directly from the DFAS. The military retirement divorce 10/10 rule does not: As you can see, these assumptions of what the military retirement divorce 10/10 rule revolves around a few key terms: the number ten, serving in the military, retirement benefits, and marriage. If child support is involved, only up to 65% of the disposable retirement pay can be taken. Similarly, spouses of military service members are also entitled to the incredible benefits provided by the military, including retirement benefits, for all their sacrifices made during their partners’ active duty and deployments. Headed for NAWS at China Lake? Court orders awarding a portion of military retired pay as property that were issued prior to June 26, 1981, can be honored if the requirements of the USFSPA are met. Instead, your former spouse will need to pay you your portion of the benefits each month. Though a military retirement may or may not The 10-year period of the marriage has overlapped with not less than 10 years of military service creditable to retired service. Contrary to popular belief, the Uniformed Services Former Spouse Protection Act (USFSPA) does not make the division of retirement pay mandatory if a member of the military and his or her spouse divorce. State law determines how and to what extent a military pension is a marital or community property asset divisible upon divorce. The Survivor Benefits Plan is mutually-exclusive and it must be addressed in the divorce settlement. Military Retirement and Divorce – How Does a Divorce Impact Military Retirement Pay? THE TRUSTED RESOURCE FOR MILITARY FAMILIES, the percentage of a military pension that a former spouse might receive. Overall, divorce is tricky and the benefits military service members receive can make a military divorce even trickier at times. In an effort to protect everyone involved, there is what’s called the 10/10 rule when it comes to military couples getting a divorce. There was a military pension division order which required the retired pay center – usually DFAS, the Defense Finance and Accounting Service – to make monthly payments to the spouse as a result of a 10/10 marriage (i.e., ten years of marriage during ten years of creditable military service toward retirement). It simply is a rule that guarantees direct deposit for any retirement funds owed to the former spouse as rule by the court during the divorce. Basically, in a divorce, USFSPA mandates that the Defense Finance and Accounting (DFAS) directly pay a former spouse's share of the military retirement pay if there is at least 10 years of marriage overlapping 10 years of creditable military service. If an ex-spouse was the beneficiary of the Survivor Benefits Plan while married to a military service member, they will no longer be eligible for these benefits after divorce. 44 Companies That Give Military Discounts. (from the Defense Finance and Accounting Service - DFAS). After getting a divorce, the non-military ex-spouse will retain base privileges if: If you pass the 20/20/20 rule you’ll retain your base privileges unless you remarry. There is a lot of misconception when it comes to the military divorce 10/10 rule. This is referred to as Concurrent Retirement and Disability Pay (CRDP), which incorporates a “phase-in” of disability benefits over a ten-year period (currently nearing completion). This is the plan that will be divided between two ex-spouses in the event of divorce but the division order differs slightly to the divisions of civilian retirement benefits. You and your former spouse had been married for at least 20 years, Your former spouse was in the military for at least 20 years, Your marriage overlapped the time in service by at least 20 years, Your marriage overlapped the time in service by at least 15 years. What Happens During a Military Divorce or Separation? … Require a military couple to be married for ten years during active duty service before the spouse has a right to any portion of the service member’s military retirement benefits. Require a military couple to be married for ten years before the spouse has a right to any portion of the service member’s military retirement benefits. Tricare offers transitional coverage if you meet the 20/20/15 which states: If you pass the 20/20/15 rule, you’ll be eligible for Tricare benefits for up to 12 months after the divorce unless you remarry. Spouses of military service members qualify for base privileges like commissary access and these privileges depend on what’s called the 20/20/20 rule. The military retirement benefits is one of the best retirement plans around – with a pension starting after serving 20 years, and extremely low cast medical benefits for life. This is the Ten-Year (10/10) rule. Effective in 2004, however, 10 U.S.C. So, if we’ve figured out what the military retirement divorce 10/10 is not, then – what is it? 20 Years of Marriage (Overlapping 15 Years of Service) 20/20/15 Health Benefits For example, even if you divorced twenty years ago at rank O-3 and after that got to the rank O-5, your ex-spouse would now have 50% of the retirement benefits you earned as an O-5 with 20 years of service. However, if the marriage overlapped military service for less than 10 years, the former spouse may still be entitled to a portion of the retirement … Let’s go back to the military retirement divorce 10/10 rule since it’s somewhat tricky to understand at face value. Also, if the service member is on active duty, the process can be delayed and take longer than a civilian divorce. As a result of their frequent relocation and child-bearing patterns, they are also less likely to have access In other words, the federal government will not honor any court order attempting to divide military retired pay unless it is accurate and absolutely spot-on. It’s a huge benefit you’ll receive for serving your contrary with honor and pride and they are benefits you should thoroughly enjoy. This is the set of regulations that protect pension holders. Before we talk about what this retirement and divorce rule is, it’s important to explain what it is not. Rod Powers was the U.S. Military expert for The Balance Careers and was a retired Air Force First Sergeant with 22 years of active duty service. If you have less than 10 years of commissioned service, and voluntarily retire, you retire at your enlisted rank, and only the highest 36 months of active duty enlisted base pay counts for retirement … Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), the 10/10 rule governs the method of payment. The Legalese. Ordinarily the attorney doesn't pick up on the fact that a garnishment order for pension division, as property, will be “dead on arrival” at DFAS if … Again, not qualifying for direct payments from the Defense Department does not mean you won’t be getting payments at all. Here's What You Need to Know. At least 15, but less than 20 years of active service between 2012 and 2025. The 10/10 Rule in Military Divorce. The USFSPA states that the Defense Finance and Accounting Service (DFAS) will pay the former spouse’s share of the military retirement if the marriage and creditable military service overlap for at least a 10-year span (the 10/10 rule). ... $100 less than they expected. It’s a defined contribution plan meant to provide income for veterans upon retirement. A good resource for truths and myths you need to know if getting a divorce in the military. The maximum amount of military retirement benefits an ex-spouse can receive is 50% of the payment and goes into effect after 90 days. It’s up to the court to decide how much of your retirement benefits your ex-spouse is entitled to during the divorce and this misconception can be dangerous for those entering a contract marriage thinking their retirement money is safe if you’re only married for a year or two. If you have a military or government pension, these are governed by their own specific set of rules and may not be subjected to the same rules when splitting your assets in a divorce. However, amendments issued after June 25, 1981, to court orders issued prior to June 26, 1981, which were silent as to providing for a division of retired pay as property, cannot be enforced under USFSPA. Following a dissolution of marriage, a former spouse who has at least 10 years of marriage overlapping 10 years of creditable military service may apply for direct payment of the retirement from the Defense Finance & Accounting Service (DFAS). The military retirement divorce 10/10 rule does not: Require a military couple to be married for ten years before the spouse has a right to any portion of … The USFSPA also provides a method of enforcing current and/or previously owed (arrears) child support and current alimony awarded in the court order. Complete details are available in the Article, Division of Retired Pay. There are three different methods used to calculate the percentage of a military pension that a former spouse might receive. 1 0 U.S. Code § 1408 (d) (2). These three methods of calculation include: There are a few more benefits that could be affected by your military divorce including: The Thrift Savings Plan is similar to a 401K you’d receive in a civilian job. The amount of money the spouse gets is the percentage of time he/she was married to the military member. Direct payments won’t be made for the division of retired pay for more than 50 percent. The so-called “10/10 Rule” (or 10-Year Rule) is a source of confusion for many individuals when dealing with a military divorce. If the divorcing couple was married for less than 10 years of creditable service, the service member is responsible for paying his or her former spouse through state court directed means. Understandably, this is often considered a significant asset, and as a result, is often the subject of much debate and negotiation during divorce proceedings. Keep in mind that depending on the state in which you file for divorce, the amount of time you’ve been married may be judged based on different criteria and could affect whether or not you meet the requirements of the 10/10 rule. One difference is that military personnel and veterans often have lucrative benefits from their time in the service – from education benefits to retirement funds. The non-military spouse would not be entitled to direct deposits of their share of military retirement benefits. If you need legal advice and you are in the military check out the site on the Veterans Administration website - https://www.va.gov/ogc/legalservices.asp. Does that mean I cannot share in my spouse’s military pension? the 10/10 rule has been met; this rule requires that the service member has served at least 10 years in the military, and the parties were married for 10 years during the member's military service. Nothing Less Than 100% Accuracy. How Is Domestic Violence in the Military Handled? For instance if John and Jane were married for 15 years before getting divorced and John served in the military for 10 of those years, Jane’s portion of the retirement pay can come directly from the Defense Finance and Accounting Service (DFAS) which administers military retirement pay. Second, it provides a mechanism for a former spouse to enforce a retired pay as property award by direct payments from the member’s retired pay. Less than 20 years of marriage OR Less than 15 years of marriage/service overlap. (If the service member has more than one divorce, no more than 50 percent is paid as a division of retired pay. Here’s what the rule actually states. For more information please see 10 USC 1408 and chapter 29 in the DoD Financial Management Regulation. The pertinent court order must provide for the payment of child support, alimony, or retired pay as property, to a former spouse. If the marriage had not lasted 10 years, or did not overlap with military service by 10 years, then any ordered payments must be paid by the retiree. The spouse only can get half of the retirement pay if married the entire 20 year period the military member was in the service. The 10/10 rule means that a former spouse can receive their court-ordered portion of the split military retirement benefits paid directly to them from the Defense Finance and Accounting Service if the marriage lasted 10 years or more during which the service member completed at least 10 years of military duty that is creditable toward their military retirement benefits. Others believe it requires the parties be married for ten years during active duty service before a spouse is entitled to any portion of military retirement. The ex-spouse has been married to the service member for at least 10 years, with at least 10 of the marriage years taking place during a period of military service applicable to retired pay. “ WHACKED ” – Some people go ahead and get the divorce without paying any attention to whether there's 10 years of marriage during military service. If you have a pension, you’ve likely heard of the Employee Retirement Security Act of 1974 (ERISA). Difference Between Military Legal Residence and Home of Record Address, Learn the Ins and Out of Fort Riley Military Installation. Only a qualified order dividing retired pay will result in military pension division upon divorce. Let’s face it – most divorces are messy. 2.5% times the number of years of service minus 1.0% for each year of service less than 30, times the average of the member’s highest 36 months of basic pay (b) At age 62 and after: 2.5% times the number of years of service times the average of the member’s highest 36 months of basic pay. Some believe it requires a couple to be married for 10 years before a spouse has a right to any portion of a servicemember’s military retirement. There are specific procedures to follow in order to receive pension pay directly from the DFAS. So, how do the courts divide military pensions between ex-spouses? DISTRIBUTION OF MILITARY PENSIONS larger than average families.10 Consequently, upon divorce, for-mer military spouses are less able to make up the loss of support from a military pension. Procedurally and legally, the process of getting divorced is no different to average civilians getting divorced. A spouse who has been married less than 20 years or who has less than 15 years of overlap between the marriage and the member’s military service is eligible for 36 months of coverage under a premium-based, DOD Continued Health Care Benefit Program. The length of the marriage itself will always come into play but it’s becoming a common trend to count points accumulated during the marriage rather than counting the passage of time. These rules are always changing and evolving so make sure you stay on top of your benefits, especially if you’re going through a divorce. This program is expected to end Dec.31, 2025. The USFSPA simply allows a state divorce court to treat military retirement pay as property of the military member, or joint property, depending on the laws of that particular state (in other words, if the state law allows division of civilian retirement pay for divorce, it will usually also allow division of military retired pay for divorce). 1408, accomplishes two things: The USFSPA does not automatically entitle a former spouse to a portion of the member's retired pay. This is a harsh option, but it has happened with military members leaving the military early (before 20 years) to avoid the obligation of splitting military retirement pay and other benefits. As most who serve in the military are already aware, service members who retire after 20 years or more of active service are entitled to a retirement pension for the rest of their lives. If the marriage lasted for less than 10 years, or the couple's marriage did not overlap at least 10 years of service, the court can still order military retirement pay divided, but the military will not pay the ex-spouse directly. State court divisions of military retired pay must meet strict federal requirements set out in the statute. Regarding the 10/10 rule: When a Service Member divorces or enters into a legal separation judgment, the former spouse must have at least 10 years of marriage overlapping with 10 years of military service, in order to be eligible to receive direct payments from the military as a ‘property award’ from the family court. According to the 1981 legal act: (from the Defense Finance and Accounting Service - DFAS). A former spouse must have been awarded a portion of a member's military retired pay as property in their final court order. It is very important that you have a clear court order regarding the division of the military retired pay as part of your divorce. But how do they all go together? Any portion of the military retirement earned during the marriage is community property. We were married less than ten years. It’s up to the state to determine how the military retirement benefits are divided. Military Retirement Pay in Divorce Settlements. Even if you remarry and remain with the second spouse for the following thirty years, the first one still obtained fifty percent of your full military pension plan. These benefits are well deserved and the least we can do to thank our veterans for their years of dedication and service. Say a couple was married for 13 years and one spouse served in the military for six of those 13 years. Is there a specific method of calculation? Retirement benefits after you exit the military can be hefty. The division of … Using some examples, it might be easier to understand whether or not you’re entitled to direct payments from the Defense Finance and Accounting Service once divorced. The issue may need to … USFSPA allows spouses to retain their full military benefits after divorce if they were married at least 20 years, the servicemember performed at least 20 years of service creditable toward retirement, and there is at least 20 years of overlap between the marriage and the retirement-related service. The divorce decree can anticipate this issue by changing the pension payments to the ex-spouse (still limited to a max of 50% by USFSPA legislation) or awarding more funds (alimony) from other marital assets. The Uniformed Services Former Spouses' Protection Act (USFSPA), 10 U.S.C. A divorced military member can serve 19.9 years and not get retirement benefits for himself / herself and therefore the ex-spouse would also not be entitled to any benefits. The spouse is entitled to the corresponding percentage and the agreed upon amount during the divorce hearings. Click here for … In fact, confusion surrounding the 10/10 military retirement divorce rule could make it seem like if you’re in the military and get married, there’s a waiting period before your spouse has access to your benefits. Require the service member to serve ten consecutive years in the military before their spouse has a right to any portion of their military retirement benefits. After getting divorced, eligibility is also determined by the 20/20/20 rule which features the same stipulates as above. For this reason, it’s imperative to understand military retirement divorce as a whole and what it means to get divorced as a military couple. Discover the Monetary Benefits of Military Service. Court orders enforceable under the USFSPA include final decrees of divorce, dissolution, annulment, and legal separation, and court-ordered property settlements incident to such decrees. What You Need To Know About Marrying In The Military, All About Military Divorce and Separation, Learn What Married Couples Face In The Military. https://www.thebalanceeveryday.com/divorce-retirement-pay-3345263 The amount of division would be according to the laws of the state that the divorce was granted in. Benefits for Those Married Less than 10 Years When the divorce is finalized, a nonmilitary spouse retains no military benefits if the marriage lasted less than 10 years. Essentially, in order for a former spouse to be paid by DFAS, the parties must have been married for at least 10 years during which time the service member performed at least 10 years of creditable military service. They would pay the member, and the member would be required to pay the court-ordered amount to the ex-spouse (or face possible contempt of court charges). § 1414 now allows for payment of both military retired pay and VA disability pay to retired servicemembers in certain situations. For more information, see the Direct Payment of Military Retirement from DFAS article in the Military Divorce Guide. First, it authorizes (but does not require) State courts to divide military retired pay as a marital asset or as community property in a divorce proceeding. Could a Lottery Pool Be Your Ticket to Millions? So, the rule really has nothing to do with how much an ex-spouse will be paid in retirement benefits and it isn’t a rule about if said spouse will receive funds at all. If the marriage did not last at least 10 years, retirement payments will not be made directly to the spouse and the retiree will be personally obligated to pay the former spouse from each check received. On the other hand, using the same couple as an example, if one spouse served in the military for 10 of those 13 years, the non-military spouse would be entitled to direct payments of their portion of the military retirement benefits. How is Military Retirement Pay Divided After Divorce? Tricare is the health care system provided by the Department of Defense and covers members of the military and their families. This is commonly known as the "10 Year Rule" or the "20-10-10 Rule." This so-called 10/10 Rule has created a myth that spouses with fewer than 10 years of marriage are not entitled to a share of the military retirement. Any future use will have to be approved by Congress. It can be a real financial jolt to you to be forced to give up your military ID and the benefits that come with it. Once you throw potential military retirement benefits into the mix, things can get a whole lot messier. 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