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May 26, 2026
For military families involved in a divorce, understanding the “10-10” Rule in California is important. This law specifically defines how military retirement benefits are paid that have been court-ordered in a divorce. This law is part of a larger federal act from the 1980s that categorizes military retirement benefits as marital property and makes all spouses of service members eligible to receive a portion of these benefits in property division, according to state courts.
What Is the “10-10” Rule in California?
The “10-10” Rule can easily be misunderstood, misinterpreted, or misapplied in a military divorce case. In fact, it is often confused with other laws, and its meaning is often construed inappropriately. Fundamentally, the “10-10” Rule serves only the purpose of determining whether the Defense Finance and Accounting Service, also known as DFAS, the US government’s military payment agency, can send payments to the divorcees of service members.
The Uniformed Services Former Spouses’ Protection Act
The Uniformed Services Former Spouses’ Protection Act, also referred to as the USFSPA, established a federal law in the 1980s that military retirement benefits were not excluded from marital property in regard to division of property in military family divorces. This classification of military retirement benefits as marital property, as defined in the USFSPA, holds true, no matter what.
What the “10-10” Means
The “10-10” correlates to a marriage that meets two conditions:
- The marriage duration was 10 years.
- Ten years of the marriage overlapped with one of the spouses’ military service.
If a marriage meets these criteria, once divorced, the military spouse’s retirement benefits can be paid directly from the DFAS to the receiving spouse. If the marriage does not meet these requirements, the military member must make any court-ordered payments to their former spouse. The “10-10” Rule in California does not determine eligibility for divided benefits. It only defines whether the government or the military member is going to make the payments.
What the “10-10” Rule in California Doesn’t Do
The USFPA already declared military retirement benefits as marital property. A marriage does not have to meet the 10-10 requirements for an individual to be entitled to a portion of their spouse’s military benefits, despite the fact that many people believe this to be true. The USFSPA leaves judgement to the state regarding the division of military retirement benefits as marital property.
There are limits on the payment amounts that can be made from the DFAS. A California military divorce attorney can help you determine if your court-ordered payments exceed these limits. If so, the service-member spouse is still responsible for making a portion of the payments themselves, that is, what amount is left unpaid by the DFAS.
You Still Need a California Military Divorce Attorney
Despite the fact that the military divorce rate is actually lower than the civilian divorce rate, many military marriages end in divorce. This means finding a California military divorce lawyer who can navigate the exclusivity of military divorces is often difficult, but still very important.
Regardless of whether your marriage meets the “10-10” Rule outlined in the federal military divorce laws in the USFPA, you should hire a California military divorce attorney. Having an attorney to protect your rights and act on your behalf to oversee the division of property in your military divorce case is essential.
If you’ve already gotten a divorce, and you feel that your rights under the USFSPA were violated, you can talk to a California military divorce attorney for legal advice and support.
Why Choose Us?
The Carroll Law Office is well-versed in military divorce laws, including the USFPA and the “10-10” Rule. As a California military divorce attorney, we understand the implications of a military divorce case. These matters must be handled differently from civilian divorce, and we have experience through countless cases that can benefit the resolution of your case. Our many satisfied customers are a testament to the level of care we apply to our legal services.
FAQs
What Is the 10-10 Rule in a Military Divorce, and How Does It Affect the Division of Retirement Pay?
The 10-10 Rule in a military divorce does not affect the division of retirement pay. It is a law that determines how military retirement benefits are paid, not eligibility to be paid. If a military marriage lasted for 10 years or more, and 10 of those years overlapped with the military member’s active service duty, then the DFAS government agency is responsible for making the payments to the other spouse. Otherwise, payments must be made by the service member.
Do I Need to Meet the 10-10 Rule to Receive Any Portion of Military Retirement Benefits in a California Divorce?
No, you do not need to meet the 10-10 Rule to receive a portion of military retirement benefits in a California divorce. The federal USFSPA establishes eligibility for all spouses divorced from military service members to receive part of their military spouse’s retirement benefits. The amount is at the discretion of the state court system.
The 10-10 Rule only determines whether the military member makes the payments personally or whether the DFAS will pay them on the member’s behalf.
How Does the Defense Finance and Accounting Service (DFAS) Direct Payment Process Work Under The 10-10 Rule?
Under the 10-10 Rule, if a marriage lasted at least 10 years, and for 10 years of the marriage, there was an overlap with one spouse’s active-duty service, the non-service member spouse is eligible for direct payment processing of military retirement benefits by the DFAS.
If these qualifications aren’t met, the military member must make the payments themselves. The portion of military retirement benefits that is paid is court-ordered by the judge presiding over the military divorce case.
What Happens if My Marriage and Military Service Do Not Meet the 10-10 Criteria in My California Military Divorce?
If a person’s marriage doesn’t meet the 10-10 criteria in a California military divorce case, they cannot receive payments directly from the DFAS for military retirement benefits. They may still be eligible to receive a portion of their military spouse’s retirement benefits at the discretion of the California court issuing the divorce. If the court orders the spouse to receive payment, the service-member spouse must make those payments directly to their ex-spouse.
Hire a Military Divorce Lawyer With Military Divorce Experience
If you want a California military divorce attorney with extensive experience handling military divorce cases like yours, reach out to the Carroll Law Office. Our knowledgeable and compassionate legal team is well-equipped to provide you with the solutions you need for your military divorce case. We would be honored to render our services to you.
