Military Divorce & Retirement Pay: The 10/10 Rule and USFSPA Explained
A military pension is often the largest marital asset, and dividing it in divorce follows special federal rules. The Uniformed Services Former Spouses' Protection Act (USFSPA) — and the famous "10/10 rule" — govern how it works.
What USFSPA does
USFSPA lets state courts treat "disposable retired pay" as marital property that can be divided in a divorce. It does not automatically award a share — a court order does — but it permits the division.
The 10/10 rule (a payment rule, not an eligibility rule)
If the marriage overlapped with at least 10 years of creditable service, DFAS will pay the former spouse's share directly. With less than 10/10 overlap, the former spouse can still be awarded a share — but the retiree must pay it themselves; DFAS won't send it directly. The 10/10 rule is about who cuts the check, not whether a share exists.
Other rules people get wrong
- The "frozen benefit" rule: for divorces after December 2016, the former spouse's share is generally based on the member's rank and service at the time of divorce, not at retirement.
- VA disability can't be divided: VA compensation and CRSC are not divisible as marital property; waiving retired pay for VA can reduce the divisible amount.
- SBP for a former spouse: a court can order SBP coverage for an ex-spouse (former-spouse election).
- The 20/20/20 rule (20 years married, 20 years service, 20 years overlap) preserves full military benefits — Tricare, commissary — for the former spouse.
This is general information, not legal advice — consult a military-divorce attorney.
Estimate the retired pay at stake — the base for any division.
Calculate my pay →Frequently asked questions
What is the military 10/10 rule?
If the marriage overlapped at least 10 years of creditable service, DFAS pays the former spouse's awarded share of retired pay directly. With less overlap, a share can still be awarded but the retiree must pay it — it's about who pays, not eligibility.
Can an ex-spouse get part of my military pension?
Yes — under USFSPA, a state court can divide disposable retired pay as marital property, typically based on rank and service at the time of divorce for post-2016 cases.
Can VA disability be divided in a divorce?
No — VA disability compensation and CRSC are not divisible as marital property.