Contrary to what people sometimes expect, a military divorce is primarily subject to civilian law. While some people have the inaccurate belief that military rules govern everything from custody matters to property division, the reality is that state courts oversee the divorce process.
The current living arrangements of the service member or their spouse determine the jurisdiction that applies during military divorce proceedings. However, there are some military rules that may affect the outcome of a divorce involving a service member. The Former Spouse Protection Act is one of the military rules that can come into play during a divorce.
What is the Former Spouse Protection Act?
Many people refer to the Former Spouse Protection Act as the 10/10 rule. It is a federal statute that applies to the distribution of a military pension. Couples can reach their own arrangements regarding property division or can ask a judge to settle their disagreements. If division of the pension is one of the terms that they agreed on, then the 10/10 rule or Former Spouse Protection Act applies.
If the marriage lasted for at least 10 years and the service member had 10 years of qualifying service during the marriage, then the non-service member spouse can receive direct pension distributions from the military. The Defense Finance and Accounting Service (DFAS) can make direct payments to the former spouse of the service member when they begin providing pension payments.
If the marriage was shorter or the service member had fewer than 10 qualifying years of service during the marriage, then the spouses may need to make an alternate arrangement for sharing pension benefits. Learning about the unique rules and requirements during a military divorce can help spouses navigate the process more effectively.
