Direct payments of military pensions to the former spouse are treated differently than private sector retirement pensions during divorce proceedings. Military retirement earned through service during the marriage is considered marital property and is subject to division, but may not be payable directly by DFAS to the former spouse unless the spouse meets the 10/10 Rule.
What Is the 10/10 Rule?
Military pensions are distributed according to rules in the Uniformed Services Former Spouses' Protection Act. This law gives states the authority to divide military pension plans during divorce proceedings. In order for a former spouse to receive direct payment through DFAS of his or her marital share of the service member's retirement, he or she must meet the 10/10 Rule. This means that the former spouse must have been married to the service member for at least ten years during which the service member completed ten years of active duty service.
If a former spouse meets this standard, the government (DFAS) will send the nonmilitary spouse his or her share of the pension plan directly from its offices. Those not meeting this standard may still be awarded a percentage of the service member's retirement benefits, but any funds must be paid to the former spouse by the military spouse, not the Defense Finance and Accounting Services (DFAS).
Experienced Lawyers Serving Your Divorce Needs
Divorce proceedings involving military or government pension plans can be complex, so it is important to hire an attorney who has a great deal of experience in this niche area of the law. At Kearney, Freeman, Fogarty & Joshi, PLLC, located in Fairfax, Virginia, you will find a team of attorneys with more than a century of combined legal experience. We have successfully handled complex divorce cases for many years, each time with a focus on achieving our clients' goals as quickly as possible.
Please schedule an initial consultation with our family lawyers today by calling toll free at 877-652-1553. You may also contact our pension division law office online and we will reach out to discuss your situation.
What Can We Do for You?
We look forward to discussing your situation and showing you how a government or military pension could be handled during your divorce proceedings. We will take the time to learn the details of your situation and prepare a personalized strategy for obtaining the best possible outcome.
Please contact our Fairfax property distribution lawyers online today to schedule your consultation. You may also call our firm at 877-652-1553 to speak with an experienced attorney.
