10/10 Rule in Military Property Division
A common misunderstanding among non-servicemember spouses is that the 10/10 rule in military divorce and property division allows them the right to their spouse’s retirement pay. That is not the case. The 10/10 rule has nothing to do with the right to benefits.
The 10/10 rule addresses how retirement pay will be provided to the non-servicemember spouse if he or she is allowed a portion. If the non-servicemember spouse has been married to the servicemember for at least 10 years and if 10 of those years were creditable years of military service, the non-servicemember spouse is able to receive his or her designated share of the retirement pay via direct payment from the Defense Finance and Accounting Service (DFAS). This rule was established as part of the Uniform Services Former Spouses’ Protection Act (USFSPA), which addresses many aspects of military divorce.
At Hale Ball in northern Virginia, our attorneys have more than 30 years of experience working with the 10/10 rule, the USFSPA and all other laws that apply to members of the military and their spouses. While we are well versed in helping our clients take advantage of the 10/10 rule, ultimately we know it is more important to address if and how the servicemember’s retirement benefits will be divided. Our goal is to make certain you get your fair share of retirement benefits and all other marital property.
The 10/10 Rule Is Not the Only Rule
There are a variety of other rules that actually do dictate not just how benefits will be provided, but the number of benefits. For example, the 20/15 rule provides the non-servicemember spouse with a year of benefits. The 20/20 rule provides the non-servicemember spouse with full benefits for life. That includes not only retirement benefits but health benefits as well. These rules can prove advantageous.
If you have a question, we encourage you to schedule a confidential consultation with one of our Northern Virginia lawyers. To make an appointment call us at the above telephone number 1-703-591-4900 or use the contact form below.
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