Division of Military Pensions Without Qualifying Under the 10-10 Rule

During your divorce, any military pension that is considered marital property will be divided equitably between the spouses. Many individuals believe that they must qualify under the 10-10 rule in order for the spouse to receive a portion of the service member's pension. This is not true. Regardless of whether you qualify under the 10-10 rule, you or your spouse may receive an equitable share of any military pension that is considered marital property.

What is the 10-10 Rule?

The 10-10 rule, which is also known as the 10-year rule, is a part of the Uniformed Services Former Spouses' Protection Act (USFSPA). Under the rule, the Defense Finance and Accounting Service (DFAS) will pay a portion of the service member's pension directly to his or her former spouse. In order to qualify for direct payment under this rule:

  • The spouses need to be married for at least 10 years
  • The service member must have performed at least 10 years of service that is creditable toward their military pension

What If I Don't Qualify Under the 10-10 Rule?

The 10-10 rule only impacts the method in which a pension is paid to a former spouse. It does not affect the ability of a state court to divide a military pension in a divorce.

At Lowendick Law Office in Lawrenceville, we have extensive experience helping clients with military divorce issues. We can help you understand the impact the 10-10 rule will have on property division in your divorce. Turn to our firm for help with any issues related to your divorce, whether you are involved in a custody issue or need help dividing military pensions.

Speak to an Attorney With More Than 35 Years of Experience

If you have questions about the divorce process or military divorce issues, we can help. Call us at 770-338-8300 or send us an email to schedule a free consultation. We will listen to your concerns and answer your questions so that you can feel confident in the decisions you make in your divorce.