Understanding the 10-10 Rule in a Military Divorce
Military divorces involve unique considerations that differ from civilian divorces, particularly regarding the division of military retirement benefits. One such rule is the “10-10 rule,” a term frequently encountered in this context. Understanding this rule is crucial for military service members and their spouses navigating the complexities of divorce.
What Is the 10-10 Rule?
The 10-10 rule is a federal provision under the Uniformed Services Former Spouses’ Protection Act (USFSPA). It determines when the Defense Finance and Accounting Service (DFAS) can directly pay a former spouse their share of a service member’s military retirement benefits. Specifically, the rule requires:
- 10 Years of Marriage: The couple must have been married for at least 10 years.
- 10 Years of Overlapping Service: The marriage must have overlapped with at least 10 years of the service member’s active military service or creditable service toward retirement.
If these two conditions are met, DFAS is authorized to pay the former spouse their share of the retirement benefits directly, rather than requiring the service member to do so.
Key Points About the 10-10 Rule
It Does Not Automatically Grant Benefits – The 10-10 rule does not guarantee that a former spouse will receive a share of the service member’s retirement pay. Division of retirement benefits depends on state divorce laws. The 10-10 rule only governs the method of payment if benefits are awarded.
State Laws Still Govern Division – Military retirement benefits are considered marital property and may be divided during divorce proceedings. However, the rules for how they are divided are determined by the laws of the state where the divorce is filed. Some states use an equitable distribution method, while others follow community property principles.
It Only Applies to Retirement Pay – The 10-10 rule applies solely to military retirement pay. Other military benefits, such as healthcare (TRICARE) or survivor benefit plans (SBP), may have separate requirements and rules for eligibility.
Direct Payments Are Optional if 10-10 Is Met – While DFAS can make direct payments to a former spouse under the 10-10 rule, this option is not mandatory. If the former spouse does not request direct payment, the service member may still be required to provide the share of retirement pay awarded in the divorce decree.
Why the 10-10 Rule Matters
For former spouses, the 10-10 rule offers a significant advantage: the assurance of receiving payments directly from DFAS rather than relying on the service member to disburse the funds. This arrangement can help avoid potential disputes and ensure timely payments.
For service members, understanding the rule helps clarify their financial obligations during and after the divorce process. It also underscores the importance of carefully navigating the division of marital assets during settlement negotiations.
Navigating the 10-10 Rule
If you are going through a military divorce, understanding how the 10-10 rule applies to your situation is essential. Consider the following steps:
- Review the Length of Marriage and Service: Verify whether your marriage overlaps with at least 10 years of creditable military service.
- Understand State Laws: Consult with a family law attorney familiar with military divorce laws in your state to determine how retirement benefits will be divided.
- Consider Alternative Benefits: Explore other potential benefits, such as SBP or TRICARE eligibility, to ensure financial stability post-divorce.
- Work with Legal and Financial Professionals: Seek advice from experts who understand the complexities of military divorce to negotiate a fair settlement and avoid costly mistakes.
Conclusion
The 10-10 rule plays a crucial role in determining how military retirement benefits are paid after a divorce. While it does not govern whether benefits are awarded, it provides a clear framework for direct payment if the criteria are met. Both service members and their spouses should fully understand this rule and its implications to ensure a fair and smooth divorce process.
If you have questions about how the 10-10 rule applies to your case, consult a qualified attorney with experience in military divorce to protect your rights and interests.
Contact a Tampa Military Divorce Attorney
If you have questions or concerns or need help with your military divorce, contact our skilled Tampa military divorce attorney at the Law Office of Laura A. Olson, P.A.
