Regularly, I counsel servicemembers on the effects of divorce on their military retirement.  Yesterday, as I manned a telephone at Channel 15’s Law Day Help Line, the issue came up again.  Many are under the mistaken belief that, after ten years of marriage, their estranged spouse is entitled to half! (think Eddie Murphy) of their military retirement benefits.  This is a common misconception of what is known as the “10/10 Rule.”

Here’s the bottom line up front:  your military retirement can be divided up as a marital asset according to the laws of the state in which your divorce is pending.  Once you either make an agreement, or the Court issues an order about how the military retirement will be divided, if at all, the Agreement(once the Court adopts it) or the Order may be enforced by the Defense Finance and Accounting Service (DFAS).

If ten years of service and marriage overlap, DFAS will pay the amount ordered by the Court to your ex-spouse directly.  If there are less than ten years of overlapping marriage and service, you are responsible for paying your ex-spouse according to the Court’s order.

Listen up, now.  This is important.  If the Final Order of Divorce does not address the military retirement, either directly, or by adopting a settlement agreement that addresses it, there will be no payment from DFAS.  Make sure your lawyer knows that you, or your estranged spouse, have an interest in a military retirement account.  The account is subject to equitable division, but if it is not specifically mentioned in the final decree, the servicemember keeps it all.  Nothing is automatic.

If you have further questions about how divorce and military service interact, please give me a call or email me.  I am at your service.

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