Due to unique legal and financial considerations, military divorces are often more complex than civilian divorces. One of the most frequently discussed aspects of military divorce is the 10-10-10 rule, a guideline that determines how military retirement benefits are divided between spouses. Understanding this rule is essential for service members and their spouses navigating the divorce process.
Baker Law Group will help you understand your rights and obligations under this rule and other related laws if you’re in Colorado Springs and facing a military divorce.
Understanding the 10/10 Rule
The 10/10 rule refers to a key provision of the Uniformed Services Former Spouse Protection Act (USFSPA), a federal law enacted in 1982. This rule outlines when and how former spouses of military members may receive a portion of military retirement pay directly from the 
Defense Finance and Accounting Service (DFAS).
To qualify under the 10/10 rule, the following conditions must be met:
- 10 Years of Marriage
The couple must have been married for at least 10 years. - 10 Years of Service
The member must have completed at least 10 years of creditable military service during the marriage. - Overlap of Marriage and Service
The 10 years of marriage and service must overlap. This means that the spouse must have been married to the service member for at least 10 years when the member was actively serving in the military.
When these criteria are satisfied, the non-military spouse may receive a portion of the service member’s retirement benefits directly from the DFAS rather than relying on the service member to pay them.
Misconceptions About the 10/10 Rule
It’s important to clarify what the 10/10 rule does and does not govern:
- The 10/10 rule does not determine entitlement to retirement benefits.
Even if a couple doesn’t meet the 10/10 criteria, a court can still award a portion of the service member’s retirement benefits to the non-military spouse as part of the divorce decree. However, without meeting the conditions of the rule, the payment cannot be made directly through the DFAS. - It does not automatically grant eligibility for health care or other military benefits.
The rule applies solely to retirement pay. Separate rules, such as the 20-20-20 rule, govern access to military health care and other benefits.
Division of Military Retirement Pay in Colorado
In Colorado, military retirement pay is treated as marital property and can be divided between spouses during a divorce. However, the division must comply with federal laws (such as the USFSPA) and Colorado state laws regarding property distribution.
Colorado is an equitable distribution state, meaning that marital assets, including military retirement pay, are divided fairly—but not necessarily equally. A court will consider factors such as the length of the marriage, each party’s contributions, and each spouse’s financial needs when determining how to divide the retirement benefits.
Practical Implications of the 10/10 Rule
For non-military spouses, the 10/10 rule provides significant advantages, including:
- Direct Payment from DFAS:
Receiving payments directly from the DFAS ensures consistency and eliminates the need for the former spouse to rely on the service member to transfer the funds. - Streamlined Enforcement:
Direct payments reduce potential disputes over non-payment, as the funds are deducted directly from the service member’s retirement pay.
However, even with these benefits, dividing military retirement pay can be legally intricate. Courts often use formulaic calculations, such as the Marital Share Formula, to determine how much of the retirement pay is subject to division.
Challenges in Military Divorce Cases
Military divorces, including those involving the 10/10 rule, often present unique challenges, such as:
- Jurisdiction Issues:
Military members frequently relocate due to assignments, raising questions about which state has jurisdiction over the divorce. - Survivor Benefit Plan (SBP):
The Survivor Benefit Plan can provide ongoing income to the former spouse if the service member passes away. However, securing SBP coverage requires specific provisions in the divorce agreement. - Concurrent Disability Payments:
If the service member receives disability pay, it may offset the retirement pay subject to division. Courts must carefully evaluate this issue to ensure equitable distribution.
These challenges highlight the importance of seeking legal guidance from an experienced Colorado Springs divorce lawyer familiar with military divorce laws.
Additional Considerations for Military Families
While the 10/10 rule addresses retirement pay, military divorces often involve other complex issues, such as:
- Child Custody and Support:
Deployments and frequent relocations can complicate parenting plans. Courts prioritize the child’s best interests while considering the unique demands of military life. - Spousal Support (Alimony):
Colorado courts may award spousal support based on the parties’ financial disparity, the length of the marriage, and other relevant factors. - Division of Other Military Benefits:
Beyond retirement pay, divorcing spouses may need to address benefits like the Thrift Savings Plan (TSP) or access to base privileges.
Understanding the full scope of these issues is essential to ensuring a fair and equitable resolution.
Contact a Colorado Springs Divorce Lawyer
Military divorce cases require a thorough understanding of federal and Colorado state laws, particularly when retirement benefits are involved. Whether you are a service member or a spouse, having a skilled legal advocate on your side can make a significant difference in the outcome of your case.
At Baker Law Group, we have extensive experience assisting clients in Colorado Springs with military divorces. Our team is committed to providing clear guidance and strong advocacy to protect your interests. If you have questions about the 10/10 rule or other aspects of military divorce, don’t hesitate to reach out.
Contact Baker Law Group today to schedule a consultation with a Colorado Springs divorce lawyer. Let us help you navigate the complexities of military divorce and achieve the best possible outcome for your case.
