A 10-year marriage isn’t required for a Florida court to divide a military pension. The 10/10 rule determines whether the Defense Finance and Accounting Service, or DFAS, can send payments under the award directly to a former spouse. It doesn’t determine whether military retirement pay is marital property.
That distinction matters before anyone agrees to settlement language. Attorney Jonny Kousa is a former U.S. Army JAG officer who served as a Judge Advocate and reached the rank of Captain in the Army Reserve. We draw on that military background to identify retirement issues that require attention in a Florida family law case.
The 10/10 Rule Doesn’t Decide Whether Retired Pay Can Be Divided
The Uniformed Services Former Spouses’ Protection Act, often called the USFSPA, recognizes state courts’ authority to treat military retired pay as property in a divorce. Florida’s equitable-distribution law governs how a court identifies and divides the marital portion.
This federal direct-payment rule requires at least 10 years of marriage overlapping with at least 10 years of military service creditable toward retirement before DFAS will pay a former spouse directly.
- A marriage under 10 years: A court can still award a former spouse a share of the marital retirement interest. The service member may need to make the payments instead of DFAS.
- A qualifying overlap: A properly drafted court order can be submitted to DFAS for direct-payment processing.
- Support orders: The overlap requirement doesn’t control DFAS enforcement of child support or alimony awards.
Direct payment and entitlement to a marital share are separate questions. Confusing them can cause someone to abandon a valid retirement claim or assume that DFAS payment is guaranteed.
What Part of Military Retired Pay Is Marital Property
Florida equitable distribution starts from the premise that marital assets and liabilities should be divided equally unless the facts justify an unequal distribution. Retirement benefits accrued during the marriage, whether vested or not, are among the assets a court considers.
In a military divorce, the relevant timeline is usually the overlap between the marriage and creditable military service. Service credit earned outside the marital period is treated differently from credit earned during it. A former spouse doesn’t automatically receive one-half of all retired pay.
A useful retirement review starts with records that establish the relevant dates:
- The date of marriage and the anticipated or actual date of divorce.
- Dates of creditable active-duty, Reserve, or National Guard service.
- Retirement statements, point records when applicable, and current pay information.
- The service member’s retirement system and whether retirement has begun.
Federal law requires an order dividing uniformed-services retired or retainer pay to express the award as a dollar amount or a percentage of disposable retired or retainer pay. This is the portion available for division under federal law after specified exclusions. The order must also work within normal monthly pay and disbursement cycles.
When DFAS Can Make Direct Payments
DFAS direct payment is available only when federal requirements are met and the order contains the information needed to administer it. A final judgment that divides marital assets isn’t automatically a DFAS-ready order.
For a retired-pay property award, the court must have jurisdiction over the service member based on residence in the court’s territory other than military assignment, domicile, or consent to the court’s jurisdiction. This federal requirement is separate from whether Florida courts have jurisdiction over the divorce.
Payment limits also matter. DFAS can pay up to 50 percent of disposable retired pay for a property award. If child support or alimony is also enforced, the combined amount paid for the award and support can’t exceed 65 percent of that pay.
These limits don’t determine what a divorce judgment awards between spouses. They govern what DFAS can send through its payment process. A proposed agreement therefore needs review for both the award and the practical payment method, particularly when the marriage doesn’t satisfy the federal overlap requirement.
Related Benefits & Deadlines Require Separate Attention
A military retired-pay provision doesn’t automatically resolve Survivor Benefit Plan coverage, disability-related reductions, or a Thrift Savings Plan account. Each benefit has its own rules, and some require a separate document or election.
Survivor Benefit Plan Coverage
The Survivor Benefit Plan, or SBP, is an annuity program that can provide continuing payments after a retired service member’s death. A retirement award alone doesn’t preserve former-spouse SBP coverage. After divorce, the retiree can submit DD Form 2656-1, or a former spouse can seek a deemed election using DD Form 2656-10.
Both routes are subject to a one-year deadline from the divorce or qualifying court order. Missing that deadline can eliminate the former spouse’s ability to secure the election, even if the divorce judgment addressed SBP.
VA Disability Compensation
VA disability compensation isn’t marital property for division in a divorce. Retired pay waived to receive that compensation is also excluded from disposable retired pay. A waiver can reduce the amount available for a former spouse’s share, so existing disability benefits and potential waivers belong in the financial review.
Thrift Savings Plan Accounts
The Thrift Savings Plan, or TSP, is a separate defined-contribution account similar to a 401(k). It isn’t divided through a civilian qualified domestic relations order. Dividing a TSP requires a Retirement Benefits Court Order that meets the plan’s requirements.
Preparing a Broward County Retirement Division
Military divorce and related family law cases involving Coconut Creek residents and others in Broward County are typically handled in the county’s courts. Before negotiating a settlement or submitting a proposed judgment, we look beyond the retirement percentage to the documents and deadlines that determine whether the arrangement works as intended.
A focused review should address whether the order qualifies for direct DFAS payment, whether the court has the federal jurisdiction required for a retired-pay award, and whether SBP or TSP documents must be prepared separately.
Useful records include:
- Current benefit elections.
- Military service dates.
- Retirement and pay records.
- Proposed settlement or court-order language.
Retirement calculations, jurisdiction, benefit elections, and court-order language require a case-specific legal review. We evaluate pensions, service-related benefits, custody impacts, settlement issues, and jurisdiction questions together rather than treating the retirement provision as a stand-alone paragraph.
Before finalizing an agreement, identify which retirement benefits, accounts, elections, and payment arrangements require separate action. For an individualized review of a Broward County family law case, contact The Law Offices of Jonny Kousa, P.L. at (954) 626-8071.
