Military Divorce Rules for Pay, Benefits, and Custody

• The 10/10 rule requires 10 years of marriage overlapping 10 years of creditable service for DFAS direct property payments, but it does not decide whether retired pay is divisible.
• A 20/20/20 former spouse needs 20 years of marriage, 20 years of creditable service, and 20 overlapping years to retain the broadest qualifying benefits.
• Submit DD Form 2293 with the certified court order to request direct former-spouse payments from military retired pay.
• A deemed election for court-ordered former-spouse SBP coverage must reach DFAS within one year of the order requiring coverage.
• A compliant SCRA request can produce a stay of at least 90 days when military duty materially affects the service member’s ability to appear.

A divorce decree does not settle every military benefit

A state court can divide military retired pay, but federal law controls what the Defense Finance and Accounting Service can pay directly. A judge can order child support. Basic Allowance for Housing is not automatically your support amount. PCS orders may require a service member to move, but they do not automatically authorize moving a child.

You must identify which rule controls each issue before signing a settlement or asking a court for an order.

USFSPA permits retired-pay division but sets no automatic percentage

The Uniformed Services Former Spouses’ Protection Act, or USFSPA, allows state courts to treat disposable military retired pay as marital or community property. It does not require division, establish a national formula, or automatically award a former spouse 50%.

The governing statute is 10 U.S.C. § 1408. State law determines whether retired pay is marital property and how much may be awarded. Federal law determines which amounts qualify as disposable retired pay and whether DFAS can send payments directly to the former spouse.

The court also needs proper USFSPA jurisdiction over the service member. That generally comes through:

• The member’s domicile in the state;
• Residence in the state for a reason other than military assignment; or
• The member’s consent or affirmative participation in the case.

Authority to grant a divorce does not automatically give the court authority to divide military retired pay. Watch this issue when the member is stationed in one state, claims legal residence in another, and the spouse lives in a third.

For divorces finalized after December 23, 2016, while the member is still serving, the federal “frozen benefit” rule generally calculates the divisible benefit using the member’s pay grade and creditable service at the time of the order, followed by applicable retiree cost-of-living adjustments. Use the DFAS USFSPA legal guidance to check jurisdiction, acceptable award formats, and this calculation rule.

Disability-related deductions can reduce disposable retired pay. A later conversion to Combat-Related Special Compensation can also reduce the amount available for division. If a settlement promises a fixed economic result without addressing these possibilities, one spouse may receive a much smaller payment than expected.

The 10/10 rule controls direct payment, not pension divisibility

The 10/10 rule does not decide whether a court can award part of retired pay. It determines whether DFAS may make direct property-division payments to the former spouse.

Direct payment requires:

• At least 10 years of marriage; and
• At least 10 overlapping years of retirement-creditable military service.

If the marriage lasted nine years, a state court may still divide the marital portion under applicable state law. DFAS simply will not send that property payment directly. The former spouse must use another enforcement method.

The 10/10 test does not apply to DFAS withholding for child support or alimony.

DFAS can generally send no more than 50% of disposable retired pay for a USFSPA property award. That is a direct-payment limit. It is not necessarily a ceiling on what a state court may award. When property division and support withholding are combined, total withholding can reach 65% of disposable income under applicable federal limits.

Order wording matters. DFAS can process an award stated as:

• A fixed dollar amount;
• A percentage of disposable retired pay; or
• For a pre-retirement divorce, a sufficiently detailed formula or hypothetical award.

“Fifty percent of the marital portion” may be too vague by itself. DFAS cannot calculate it without the necessary dates, service information, or formula terms. Percentage awards share applicable cost-of-living adjustments. Fixed-dollar awards do not receive COLAs through DFAS.

DD Form 2293 starts former-spouse retired-pay payments

A former spouse seeking direct retired-pay payments submits DD Form 2293, Application for Former Spouse Payments from Retired Pay, with the pertinent certified court order and supporting documents. Court documents accompanying the application should be certified within the previous 90 days.

Use this sequence:

1. Confirm that the marriage and creditable service overlap satisfy 10/10.
2. Have an attorney verify that the order gives DFAS enough information to calculate the award.
3. Obtain certified copies of the divorce decree and applicable pension or withholding order.
4. Complete DD Form 2293 without omitting marriage, service, or identifying information.
5. Submit the package using the current DFAS former-spouse application instructions.
6. Stop any duplicate voluntary allotment once DFAS direct payments begin.

DFAS generally must notify the member no later than 30 days after effective service. It must begin payment or explain rejection no later than 90 days after effective service. If the member has not retired, that timing runs after entitlement to retired pay begins.

Payments are prospective. The USFSPA direct-payment process does not collect past-due retired-pay property payments.

Divorce also ends spouse-category Survivor Benefit Plan coverage. If an order requires former-spouse SBP coverage, a deemed-election request must reach DFAS within one year of the order requiring coverage. A pension award and SBP coverage are separate rights. Put both in the order expressly.

The 20/20/20 and 20/20/15 rules cover different benefits

The 20-year rules determine certain post-divorce benefits. They do not determine how retired pay is divided, and they are separate from the 10/10 direct-payment rule.

A 20/20/20 former spouse must remain unremarried to retain qualifying benefits. The member does not have to be retired from active duty when eligibility is evaluated.

The 20/20/15 category provides more limited medical eligibility. Confirm the actual coverage period and effective dates through the controlling eligibility office before allowing the divorce to become final. Do not rely on a settlement’s description of coverage.

While the parties remain legally married, spouse benefits generally continue through the final divorce. Separation alone does not establish post-divorce eligibility. Entry of the final decree changes the spouse’s status.

A former spouse who loses TRICARE may be able to buy up to 36 months of Continued Health Care Benefit Program coverage. Eligible children generally remain eligible for TRICARE after their parents’ divorce through age 21, or 23 if enrolled in college and otherwise qualified. Review the official former-spouse rights and benefits rules before choosing the decree date.

If losing TRICARE creates an immediate coverage problem, investigate employer insurance, marketplace coverage, and state programs before finalization. A pregnant spouse should check Pregnancy Medicaid eligibility and coverage before military coverage terminates.

BAH is not automatically spouse support

BAH belongs to the service member as a housing allowance. It is based on pay grade, duty-location housing costs, and dependent status when government quarters are unavailable. Receiving the with-dependent rate does not mean the entire difference—or any fixed BAH fraction—must automatically be transferred to the spouse.

Use the Military Pay and PCS Workspace to see how duty station, grade, and dependent status affect pay and housing estimates. Do not turn that estimate into a legal support formula.

Before a written agreement or civilian court order exists, temporary service-specific family-support rules may apply:

• Army: AR 608-99;
• Marine Corps: MCO P5800.16A, Chapter 15;
• Navy: MILPERSMAN 1754-030;
• Air Force: AFI 36-2906;
• Coast Guard: COMDTINST M1600.2, Chapter 2.E.

These are interim command-enforced requirements. They are not permanent state support orders. Exceptions or waivers may apply. A violation of a lawful general regulation may expose the member to action under UCMJ Article 92, but command involvement does not guarantee that money will arrive on time.

Do not wait months for a command solution if rent, child care, or medical expenses are unpaid. Ask a state court for temporary child support, spousal support, occupancy, and expense-allocation orders.

A voluntary allotment is weak protection because the member may change or stop it. Involuntary DFAS withholding requires a qualifying civilian court or child-support-agency order directed to the government as employer. The package must include the obligor’s full legal name and Social Security number. An order that merely tells the member to pay may not be enough; it must direct withholding and remittance.

Federal withholding limits generally range from 50% to 65% of disposable earnings, depending on whether the member supports another family and whether arrears exist. DFAS charges no fee for child-support or alimony withholding.

PCS orders do not authorize relocating a child

Custody and relocation remain controlled principally by state law and the existing custody order. A military assignment tells the member where to report. It does not rewrite the parenting plan.

If the order does not address a military relocation, request a modification before moving the child. The governing state may require notice, consent, a best-interest showing, or another state-specific legal standard. Interstate jurisdiction creates a separate risk: the state handling the divorce may not be the state with authority to modify custody.

A military custody order should address:

• Advance notice of PCS orders and deployments;
• Transportation arrangements and allocation of airfare or mileage;
• Regular video and telephone contact;
• Holiday, school-break, and summer parenting time;
• Temporary care during deployment;
• Make-up time after deployment; and
• Reinstatement of the prior schedule after return.

Avoid “reasonable visitation” in a long-distance case. Specify pickup locations, flight rules, supervision requirements, booking deadlines, and who pays. An enforceable schedule works better than promises made while everyone is still cooperating.

Applicable service members also need a current family care plan covering financial, medical, and logistical care during an absence. Have a state-licensed attorney compare the plan with the civilian custody order. Do not assume one document resolves every conflict.

Deployment can justify temporary changes, not automatic permanent loss

Federal protections prevent deployment from becoming an automatic permanent-custody penalty. A temporary custody order based solely on deployment must expire no later than the period justified by deployment. Deployment or possible deployment cannot be the sole factor in a permanent best-interest decision, although a court may consider other circumstances under state law.

The Servicemembers Civil Relief Act also covers child-custody proceedings. If military duty materially affects the member’s ability to appear, a compliant written request triggers a stay of at least 90 days.

The request must include:

• A communication explaining how duty materially affects the ability to appear and giving an available date; and
• A commanding officer’s communication stating that duty prevents appearance and leave is not authorized.

An additional stay is discretionary. The SCRA does not create an automatic or indefinite delay. Simply telling the court that you are deployed is not a compliant request. Use the Military OneSource custody guidance when addressing PCS moves, family care plans, deployment, and SCRA protections.

After return, address temporary deployment orders immediately. Do not allow a temporary arrangement to become the practical status quo because nobody filed to restore the regular schedule.

Free military legal assistance may not provide your courtroom lawyer

Installation Legal Assistance Offices provide free help to eligible service members and spouses. Depending on staffing and conflict rules, services may include separate consultations for opposing spouses, advice on divorce and custody, USFSPA review, SCRA assistance, mediation, limited document preparation, notarization, and referrals.

Military OneSource is available at 800-342-9647, 24 hours a day, 365 days a year, and can help locate legal services.

Hire a civilian family-law attorney licensed in the controlling state when:

• Divorce, support, property, or custody is contested;
• A lawyer must appear and litigate in state court;
• PCS orders create relocation or interstate-jurisdiction questions;
• Retired pay, SBP, VA disability compensation, or CRSC is involved;
• The pension order must satisfy DFAS calculation requirements;
• Emergency custody, domestic violence, or a protection order is involved; or
• You obtained or may obtain an overseas divorce decree.

Military legal assistance often gives advice without serving as your courtroom attorney. Ask the office what it can draft, whether it can review a proposed settlement, and whether conflict rules prevent representation.

If reconciliation or co-parenting counseling remains possible, check whether Medicaid covers couples or family therapy in your state. Counseling does not replace legal advice or emergency protection, but it can help produce workable communication terms.

Secure the orders before the status quo changes

1. Collect the marriage certificate, Leave and Earnings Statements, retirement information, service dates, tax returns, custody orders, PCS documents, and health-coverage records.
2. Identify which state can grant the divorce and which court has authority over custody and retired pay.
3. Obtain temporary civilian orders instead of relying only on BAH, voluntary allotments, or command intervention.
4. Put exact DFAS-compliant retired-pay language and any SBP requirement into the order.
5. Confirm 20/20/20, 20/20/15, TRICARE, and replacement coverage before entry of the final decree.
6. File DD Form 2293 with recently certified documents, and meet the one-year SBP deemed-election deadline if applicable.
7. Modify custody terms before a PCS move or deployment changes where the child lives.

Questions people actually ask

Does a military spouse automatically get half of retirement in divorce?

No. USFSPA allows a state court to treat disposable military retired pay as marital or community property, but it does not guarantee 50% or establish a national formula. State law, the marriage dates, service dates, jurisdiction, and order wording control the award. DFAS’s 50% property-payment limit controls direct payment capacity, not necessarily the maximum share a court can award.

What is the 10/10 rule in a military divorce?

The 10/10 rule allows DFAS to pay a former spouse’s court-awarded retired-pay property share directly when the marriage lasted at least 10 years and overlapped at least 10 years of retirement-creditable service. Failing 10/10 does not automatically prevent a state court from dividing the pension. It prevents DFAS direct payment of that property award.

What benefits does a 20/20/20 former spouse keep?

An unremarried former spouse who meets 20 years of marriage, 20 years of retirement-creditable service, and 20 overlapping years may retain qualifying medical care plus commissary, exchange, installation, and specified MWR privileges. The former spouse should obtain an official eligibility determination. Language in a divorce decree cannot create federal benefit eligibility when the statutory requirements are missing.

Does the military member have to give the spouse BAH during separation?

BAH is not automatically the spouse’s property or the support amount. Before a written agreement or civilian order exists, the member’s service regulation may impose temporary family-support requirements. Those rules vary by branch and may allow exceptions. For enforceable long-term support, obtain a civilian child-support or spousal-support order and, when necessary, an employer-directed withholding order for DFAS.

Can a military parent move a child after receiving PCS orders?

Not automatically. State relocation law and the existing custody order control whether the child may move. The parent may need to provide advance notice, obtain the other parent’s consent, or secure court approval. Because interstate jurisdiction can determine which court may modify custody, consult a civilian attorney in the controlling state before moving the child or changing schools.

Can deployment stop a military divorce or custody hearing?

Deployment alone does not automatically stop a case. Under the SCRA, a service member whose duties materially affect the ability to appear can request a stay of at least 90 days. The request needs the member’s explanation and available date plus a commanding officer’s statement that duty prevents appearance and leave is unavailable. Additional delay remains within the court’s discretion.