Handling Military Pension Division When the Marriage is Shorter Than Ten Years

Key Takeaways

• The USFSPA 10-year rule only affects how military pension payments are distributed, not whether the pension can be divided.
• California courts can still divide a military divorce pension under ten years, even if DFAS won’t send payments directly.
• The 10/10 rule in military divorce allows direct DFAS payments only if the marriage and service overlap for at least ten years.
• Clear court orders and legal guidance can assist with military divorce pension under ten years.

What Is the USFSPA 10-Year Rule?

The Uniformed Services Former Spouses’ Protection Act (USFSPA) is the federal law that governs how military retirement pay can be treated as property in San Diego divorce cases. One part of this law is the USFSPA 10-year rule, which often causes some confusion.

What is the 10/10 Rule in Military Divorce?

• The USFSPA 10-year rule means that the marriage must have lasted at least 10 years, and the service member must have completed at least 10 years of creditable military service during that time.
• If both conditions are met, the Defense Finance and Accounting Service (DFAS) can pay the non-military spouse’s share of retirement pay directly.
• The 10/10 rule in military divorce does not determine eligibility for pension division. It only affects who processes the payment.

Can You Divide a Military Pension If Married Less Than Ten Years?

Yes. In California, the court can divide a military divorce pension under ten years. The key difference lies in how the payments are made under the USFSPA 10-year rule.

Here is what changes in a military divorce pension under ten years:

• The 10/10 rule in military divorce only affects whether DFAS will send payments directly.
• If the USFSPA 10-year rule isn’t met, the service member must pay the ex-spouse directly.
• You’re still entitled to a share of the pension earned during the marriage.

Since these payments won’t be processed by DFAS, you must have a clear court order. An experienced military divorce attorney in San Diego can help make sure your rights are protected throughout this process.

How the Court Divides Military Retirement in Short-Term Marriages in San Diego

In California, community property principles apply. That means any portion of the military pension earned during the marriage is considered shared property.

Here’s how it typically works:

• The court identifies the number of service years during the marriage.
• It calculates what percentage of the total retirement benefit was earned during that time.
• That percentage is then split between the spouses, usually 50/50.

Even if the marriage was shorter than ten years, the same formula applies when dividing a military pension in divorce.

Additional Benefits and Protections for Former Military Spouses

If you’re the former spouse of someone in the military, you may also be wondering about other military benefits, like healthcare or base privileges. These are based on a different set of rules outside of the 10/10 rule in military divorce.

Here’s a quick breakdown:

• 20/20/20 Rule: You may qualify for full benefits (including TRICARE and an ID card) if the marriage lasted 20 years, the service member served at least 20 years, and there was at least a 20-year overlap.
• 20/20/15 Rule: If the overlap is only 15 years, you may qualify for limited benefits, usually for a transitional period.

These rules are separate from the USFSPA 10-year rule and don’t impact pension division. Even if your marriage doesn’t meet these thresholds, you can still be awarded a share of the pension in a military divorce pension under ten years.

How to Protect Yourself in a Military Divorce in San Diego

Military divorces can be complex. If you’re facing a military divorce pension under ten years, here’s what you can do to protect your rights:

• Hire a San Diego family law attorney experienced in military divorces.
• Get a detailed order outlining pension division and payment terms.
• Clarify how and when payments will be made if DFAS won’t handle them.
• Plan for enforcement in case your former spouse fails to comply.

Even though the 10/10 rule in military divorce may prevent direct payments, you still have options to receive your fair share.

Work with a San Diego Family Law Attorney Who Understands the 10/10 Rule in Military Divorce

Military divorces can get complicated, especially when it comes to dividing benefits in shorter marriages. At Fair Cadora, APC, we’ve helped many clients through cases involving a military divorce pension under ten years. We understand how the USFSPA 10-year rule works, how to structure enforceable court orders, and how to protect what you’re entitled to. 

If you’re unsure how the 10/10 rule in military divorce might impact your case, our experienced San Diego divorce and family law attorneys are here to guide you. Contact our team today to schedule a consultation and take the next step toward protecting your future.