How Divorce Affects Military Retirement Pay And The 10-Year Myth
Divorce is rarely straightforward—especially when military benefits are involved. A common question service members ask their contested divorce lawyer is whether their spouse can receive any portion of military retirement if the marriage lasted fewer than 10 years. The answer might surprise you.
The 10-Year Myth
Many people assume that unless a marriage lasts a full decade, military retirement cannot be divided. However, that’s a misunderstanding. While there is a federal guideline that applies to direct payments through the Defense Finance and Accounting Service (DFAS), there’s no requirement—at least in some states—for a marriage to reach 10 years before retirement benefits become divisible in a divorce.
What Actually Matters
What matters is when the retirement was earned. If military service and the marriage overlapped, then a spouse may be entitled to a share of the retirement earned during those overlapping years. For example:
- If you were married for 7 years and served in the military for only 5 of those years, your spouse may be entitled to a portion of the retirement earned during those 5 years—not the entire pension
Direct Payment Vs. Private Payment
Here’s where the 10-year mark does matter: DFAS will only make direct retirement payments to the former spouse if the marriage and military service overlapped for at least 10 years. If the marriage falls short of that threshold, the military member—not DFAS—must send payments directly. That can make enforcement and consistency more complicated.
Understanding How Military Retirement And Divorce Intersect
New Beginnings Family Law explains how these nuances can make a major difference when negotiating a divorce settlement. It affects not just financial planning, but also expectations about long-term obligations. Whether you’re active duty, retired, or a spouse of someone who served, knowing your rights and responsibilities is essential.
Need help understanding how military benefits affect divorce in your situation? Consult a family attorney in your area for tailored advice.