Is a military spouse’s pension divided like other marital assets?

The Uniformed Services Former Spouses Protection Act allows states to treat a service member’s military pension accrued during marriage as a marital asset. But both the rules and the mechanics of distribution are different from those applying to civilian pensions and retirement accounts. For example, under the 10/10 rule, if a couple has been married for 10 years or more and the service member has completed at least 10 years of creditable service during the marriage, the DFAS will pay a former spouse’s share of a pension directly to the former spouse.

Bari Zell Weinberger is the owner and managing partner of Weinberger Divorce & Family Law Group in New Jersey. She is certified by the Supreme Court of New Jersey as a Matrimonial Law Attorney.