Dividing military retirement benefits is one of the most important financial issues in a military divorce. If you’re getting divorced in Florida and one spouse has served in the military, you may have heard about the “10/10 Rule.”
But what exactly is it? And how does it impact your divorce settlement?
Let’s break it down clearly and simply.
What is the 10/10 Rule?
The “10/10 Rule” refers to a military regulation under the Uniformed Services Former Spouses’ Protection Act (USFSPA). It means:
- The marriage must have lasted at least 10 years, and
- The service member must have performed at least 10 years of creditable military service during the marriage.
If both of these conditions are met, the Defense Finance and Accounting Service (DFAS) can pay the former spouse their share of military retirement benefits directly.
Related: Military Divorce in Florida Overview
Important: The 10/10 Rule does not determine whether a former spouse is entitled to a portion of the retirement. It only affects how they get paid (directly by DFAS vs. through the service member).
If You Don’t Meet the 10/10 Rule
If you don’t meet the 10/10 Rule, the non-military spouse can still be awarded a share of military retirement benefits through the divorce settlement.
The difference is:
- Payments must be made personally by the service member, not through DFAS. Coming Soon: Understanding the USFSPA in Florida Divorces
How Courts in Florida Divide Military Pensions
Florida is an equitable distribution state, meaning marital property (including pensions) is divided fairly but not always equally.
When dividing a military pension, Florida courts consider factors such as:
- Length of the marriage
- Overlap between military service and the marriage
- Each spouse’s financial situation
The 10/10 Rule only affects payment methods, not entitlement.
Related: Florida Residency and Military Divorce: Why It Matters
Why the 10/10 Rule Matters
- Direct Payments: Former spouses receiving direct DFAS payments have more security in getting their share on time.
- Simplified Enforcement: No need for wage garnishment or collection actions.
- Less Conflict: Fewer disputes over missed payments.
However, it’s important to still:
- Get a proper court order that specifies the division.
- File the necessary paperwork with DFAS after the divorce is finalized.
Related: Tips for Active-Duty Service Members Filing for Divorce in Florida
Special Considerations
- Survivor Benefit Plan (SBP): Dividing the pension doesn’t automatically guarantee SBP coverage. It must be specifically addressed in the divorce settlement.
- VA Disability Pay: If a retiree waives part of their retirement pay to receive VA disability benefits, it can impact how much a former spouse actually receives.
Understanding these finer points is critical to a fair and enforceable settlement.
Final Thoughts
The 10/10 Rule is just one piece of the puzzle when it comes to military divorce and pensions. Whether you meet the rule or not, you still have rights that deserve strong legal protection.
At Melendez Law Office, we help service members and spouses untangle the complicated issues surrounding military retirement, benefits, and divorce.
Need advice on protecting your financial future?
