10/10 Rule in Military Property Division

The Uniformed Services Former Spouses’ Protection Act (USFSPA) is a law that was passed in 1982 that gave state courts the authority to handle military pensions and other retirement pay as marital property. As such, the law made it possible for service members’ retirement pay to be divided between spouses.At Stange Law Firm, PC, we dedicate our entire practice to family law. Our lawyers have experience handling all aspects of military divorce, and we have a complete understanding of the unique processes and requirements that need to be addressed in these specialized proceedings. We know all the rules regarding the division of military retirement pay, and you can count on us to do everything in our power to secure the best possible outcome on your behalf. Stange Law Firm takes cases from those in the Armed Forces throughout the country, including Scott Air Force Base in St. Clair County, Illinois, and Fort Leonard Wood, Missouri.

The 10/10 Rule

An important part of the USFSPA is the 10/10 rule. Many people mistakenly believe that this rule limits the non-service member spouse’s ability to seek a share of the retirement pay unless the marriage had lasted for 10 or more years and the service member has put in at least 10 years of qualifying military service. Nothing could be further from the truth.

The 10/10 rule in military property division cases simply provides options for the non-service member spouse with regard to where he or she receives payments from. If the couple was married for at least 10 years and the service member put in at least 10 years of qualifying military service, the non-service member spouse has the option of receiving his or her payments directly from the Defense Finance and Accounting Service (DFAS).

Kirk Stange authored a chapter in a book on military divorce through Aspatore Publishing called Strategies for Military Family Law: Leading Lawyers on Navigating Family Law in the Armed Forces. View portions of the chapter by clicking the link above.

Contact Our Military Divorce Attorneys Today

To learn more about the 10/10 rule in Military Property Division, you can read our blog post titled: Military divorce a unique situation.

If you have questions about the 10/10 rule, please contact us online or by phone and set up a consultation. You can visit any of our convenient locations in cities such as St. Louis, Chicago, Kansas City, Columbia, Springfield, Wichita, Tulsa, Oklahoma City, Lincoln, Omaha, and beyond.