How much is the military pay after divorce?
Asked by: Dr. Daron Fadel DVM | Last update: February 20, 2026Score: 4.4/5 (43 votes)
After a military divorce, a former spouse can receive a portion of the service member's retirement pay, up to 50% of disposable retired pay, via direct payment from DFAS, or up to 65% if combined with alimony/child support garnishments; state courts decide the division, but the direct payment limit applies, with the service member paying any amount above 50% themselves. Eligibility for direct payments often requires meeting the "10/10 Rule" (10 years of marriage during 10 years of service), but the court can still award a share even without direct payment.
How does divorce affect military pay?
DIRECT PAYMENT OF RETIRED PAY TO A FORMER SPOUSE
Under the USFSPA, no more than 50 percent of a member's disposable retired pay will be sent as a direct payment. However, if there are garnishments for alimony or child support, up to 65 percent may be sent as a direct payment.
How much does a military spouse get after divorce?
The maximum amount that can be paid under the USFSPA is 50 percent of the member's disposable income. DFAS will pay a former spouse the monthly amount or amounts awarded in the pertinent court order up to the 50% limit.
How long does my ex-wife get half of my military retirement?
Your ex-wife can get half your military retirement for the rest of her life if your divorce decree awards it and you meet the "10/10 rule" (married 10 years, 10 years of service overlap) for direct payment, otherwise she gets her share from you directly, but in either case, it's usually for life unless a remarriage clause or specific court order changes it, with payments generally lasting as long as you receive retirement, often until death, though tax implications and state laws vary, so a qualified attorney is crucial.
How long does a spouse get TRICARE after divorce?
Similar to COBRA plans, TRICARE's Continued Health Care Benefit Program (CHCBP) typically provides up to 36 months of coverage to help former spouses of military members bridge the gap after a divorce. To access CHCBP, you must apply for coverage within 60 days after your divorce.
Surviving Spouse Monthly Compensation - VA Compensation for Spouse - Veterans Death Spouse Benefit
What is the 10-10-10 rule in military divorce?
The 10/10 Rule in military divorce determines if the Defense Finance and Accounting Service (DFAS) will directly pay a former spouse their share of the military pension, requiring at least 10 years of marriage overlapping with 10 years of the service member's creditable military service. If met, DFAS pays the ex-spouse; if not, the service member must pay directly, though the court can still award the pension share. Meeting the rule is crucial for the government to disburse funds, but it doesn't grant access to healthcare or survivor benefits, which have separate, stricter criteria like the 20/20/20 rule.
What is the 20/20/15 rule for military divorce?
Scenario 2: The 20-20-15 Rule
20: You were married to the same sponsor/service member for at least 20 years. 15: Fifteen of those years overlap the 20 years of creditable (active or reserve) service that counted toward your sponsor's retirement.
Is military retirement split in divorce?
Military retirement benefits are a significant aspect of divorce proceedings. Under California law, these benefits are considered community property, which is subject to division between spouses upon divorce.
Do you lose BAH after divorce?
A former spouse who is a civilian will no longer receive Basic Allowance for Housing (BAH). They will become financially responsible for their own housing, which may become a factor in divorce negotiations.
What are the biggest challenges in military divorce?
Key Challenges in Military Divorce
- Jurisdiction and Location Issues. One of the first questions in a military divorce is where to file. ...
- The Role of Federal Laws. ...
- Child Custody Complications. ...
- Dividing Military Benefits. ...
- Communication Barriers.
Who loses more financially in a divorce?
Statistically, women generally lose more financially in a divorce, experiencing sharper drops in household income, higher poverty risk, and increased struggles with housing and childcare, often due to historical gender pay gaps and taking on more childcare roles; however, the financially dependent spouse (often the lower-earning partner) bears the biggest burden, regardless of gender, facing challenges rebuilding independence after career breaks, while men also see a significant drop in living standards, but usually recover better.
Is it better to divorce before or after military retirement?
The member's military retirement is an isolated issue that does not impact California's jurisdiction over any other issue related to the divorce, including marital status.
Does the military do free divorces?
Military lawyers and the legal side of military divorce
You can access free military legal assistance to make sure you are abiding by the laws and rules.
What is a military wife entitled to in a divorce?
Military spouses have significant rights during divorce, primarily governed by the Uniformed Services Former Spouse Protection Act (USFSPA), which can grant access to healthcare (TRICARE), commissary, exchange privileges, and a share of military retirement pay if specific criteria (like the "20/20/20 rule" for full benefits) are met. Key entitlements include health coverage, commissary/exchange access, a portion of military retirement, and potential child/spousal support, but eligibility hinges on meeting duration-of-marriage and service-length requirements, with different rules for short marriages.
How much of my retirement is my ex-wife entitled to?
Social Security benefits for a divorced spouse are calculated based on the ex-spouse's earnings record or their own earnings record, depending on which one is higher. You're entitled to half of your ex's benefits if you start collecting once you reach your full retirement age (FRA).
How long does a divorce take in the military?
Due to the complicated nature of a military divorce, an uncontested divorce can also take as little as 6 months, but a contested military divorce can often take more than 24 months, particularly where one of the parties is a service member on deployment at the beginning of the case, or is deployed while the case is ...
What is the 10 10 10 rule for divorce?
The "10/10 Rule" in military divorce determines if a former spouse receives direct payments from the military pension, requiring at least 10 years of marriage that overlap with 10 years of the service member's creditable military service. If this rule is met, the Defense Finance and Accounting Service (DFAS) sends the court-ordered portion directly to the ex-spouse; if not, the service member pays the ex-spouse directly, though the court can still award a share of the pension. This rule affects how payments are made, not the eligibility for pension division itself, which is decided by state law.
Can I get BAH with 50/50 custody?
Dependent eligibility shifts: BAH-with-dependents rates require at least 50% custody of a child. Divorce decrees must clearly outline custody percentages to maintain eligibility. Geographic complications: Relocation after divorce may require recalculating BAH rates under Military.com's BAH calculator.
What military job has the highest divorce rate?
First-line enlisted military supervisors were found to have the highest divorce rate of any occupation.
What is the 20 20 20 rule for military divorce?
FORMER SPOUSES: THE 20/20/20 RULE
➢ The parties were married for at least 20 years; ➢ The military member performed at least 20 years of service creditable for retirement; and ➢ There was at least a 20-year overlap of the marriage and the military service.
Will my ex-wife get half of my pension?
Ask the court to finalise the agreement or decide for you
If you cannot agree, or it's not safe for you to deal with your ex-partner directly, you can ask a court to decide how your pensions should be split. The court will usually review your finances and tell you what they believe is fair.
What is the 10 year rule for military divorce?
If the former spouse was married to the service member for at least 10 years of the member's creditable military service, the 10/10 rule applies. It allows the former spouse to be paid directly from DFAS. Direct payment does not happen automatically.
Can my ex-wife get my VA benefits?
When Is An Ex-spouse Eligible to Claim Veterans Benefits? To be eligible for health benefits, an ex-spouse must have been married to the veteran for at least 20 years and have at least 20 years of active service. Further, the term of the veteran's service must have overlapped the marriage by at least 20 years.
What does 10 10 mean in the military?
10-10. Out of service—subject to call.
What is the 10 year rule in the military?
In addition, for orders dividing retired pay as property to be enforced under the USFSPA, a member and former spouse must have been married to each other for 10 years or more during which the member performed at least 10 years of military service creditable towards retirement eligibility (the 10/10 rule).