Dividing Military Retirement Benefits in an Atlanta Divorce: The 10/10 Rule Explained

If your spouse has spent years in uniform, you probably already know that a military divorce looks different from a civilian one. Pensions, deployments, and federal rules all enter the picture. One question we hear often is whether a spouse is automatically entitled to a share of military retired pay, and whether that share arrives on time every month. The answer involves a piece of federal law known as the 10/10 rule, and it trips up a lot of people.

What the Uniformed Services Former Spouses’ Protection Act Actually Does

The federal law governing this area is the Uniformed Services Former Spouses’ Protection Act, found at 10 U.S.C. § 1408. It allows state courts, including Georgia courts, to treat a service member’s disposable retired pay as marital property that can be divided in a divorce. Notice the word “allows.” The federal law does not hand anyone a set percentage. It simply gives Georgia judges the authority to include military retirement in the overall division of assets, the same way they would a pension, a 401(k), or a house.

So how much might a spouse receive? That depends on the length of the marriage, the career overlap, and the equitable division principles Georgia courts apply to marital property generally.

Where the 10/10 Rule Comes In

Here is where confusion often starts. Many people believe that a marriage must last at least 10 years, overlapping with at least 10 years of military service, before a former spouse can receive any share of retired pay at all. That is not quite right.

The 10/10 rule does not decide whether a former spouse is entitled to a share of retirement. It decides how that share gets paid. Specifically, if the marriage lasted 10 years or more and overlapped with at least 10 years of the service member’s creditable military service, the Defense Finance and Accounting Service, known as DFAS, can send the former spouse’s portion directly, separate from anything the service member handles personally.

What happens if the marriage falls short of that 10 year mark? A Georgia court can still award a share of the retirement as part of the divorce. The difference is that DFAS will not make direct payments, so the arrangement typically depends on the service member forwarding the funds according to the court order.

A Few Other Details Worth Understanding

Military retirement division involves several moving pieces beyond the 10/10 rule:

• Direct DFAS payments are capped, generally at no more than 50 percent of disposable retired pay for property division purposes
• Certain deductions, such as amounts a service member waives to receive VA disability compensation, are excluded from what can be divided
• Court orders dividing military retirement must meet specific formatting requirements before DFAS will honor them

Given how technical these rules can get, it is easy to see why couples going through a military divorce often have questions that go well beyond the basics.

Talk with Our Team Today

Every military divorce carries its own set of facts, from the length of service to the branch involved to how a decree gets worded for DFAS purposes. If you are facing a divorce involving military retirement benefits, our Atlanta military divorce attorneys are ready to talk through your situation and help you understand your options. Contact Buckhead Family Law today to learn more.

Source:

law.cornell.edu/uscode/text/10/1408