Military divorces come with their own set of challenges and unique considerations. If you’re going through this process, you may have heard about the “10/10 rule” and wondered how it might impact your case. At Holstrom, Block & Parke, we’ve spent years helping clients understand the ins and outs of military divorces, including how specific rules like this one apply in California.
Let’s break down the 10/10 rule, what it means for you, and how it fits into your military divorce.
What Is the 10/10 Rule?
The 10/10 rule is part of the Uniformed Services Former Spouses’ Protection Act (USFSPA). It determines whether a former spouse can receive a direct payment of military retirement benefits from the Defense Finance and Accounting Service (DFAS).
To meet the requirements of the 10/10 rule:
- The military member must have completed at least 10 years of creditable military service.
- The couple must have been married for at least 10 years.
- Marriage and military service must overlap for those 10 years.
When these conditions are met, the former spouse may receive a portion of the military retirement pay directly from DFAS. This arrangement is often considered a significant benefit since it ensures consistent and reliable payments. For many, this direct payment is a relief compared to the uncertainties of traditional civilian divorce settlements.
Benefits for the Former Spouse
The 10/10 rule offers former spouses several potential benefits. Understanding these can help you see why it’s so important to address this rule during your divorce.
Direct Payment of Military Retirement Pay
One of the most practical benefits is the ability to receive retirement pay directly from DFAS. This eliminates the need to rely on the military member to distribute funds, which can reduce stress and avoid potential disputes. Payments are consistent and processed monthly, providing peace of mind for the recipient.
Continued Access to TRICARE Health Coverage
Under certain circumstances, a former spouse may continue to receive military healthcare benefits through TRICARE. To qualify:
- The marriage must have lasted at least 20 years.
- The military service must have overlapped with the marriage for at least 20 years.
While this falls under the 20/20/20 rule (discussed later), it’s worth noting for those approaching these thresholds.
Commissary and Exchange Privileges
In some cases, former spouses retain access to military commissaries and exchanges, offering discounts on groceries and other goods. However, these benefits typically depend on meeting the 20/20/20 rule, not the 10/10 rule. It’s essential to clarify eligibility during the divorce process.
How Is the 10/10 Rule Applied in a Divorce?
The 10/10 rule isn’t automatic. For it to take effect, specific steps must be taken during the divorce proceedings. Here’s how the process typically works:
- Incorporating the Rule Into the Divorce Decree
The divorce decree must clearly state the former spouse’s entitlement to a portion of the military retirement pay. Without this documentation, DFAS cannot process direct payments. - California’s Community Property Laws
California is a community property state, meaning marital assets—including military retirement pay—are typically divided equally. However, the exact percentage the former spouse receives will depend on the specifics of the case and any agreements or court orders. - Legal Representation
Working with an attorney who understands military divorces is crucial. They can ensure the language in the divorce decree is accurate and enforceable, protecting your rights to these benefits.
Common Misconceptions and Pitfalls
Military divorce laws can be confusing, and the 10/10 rule is no exception. Let’s clear up some common misunderstandings:
- Myth: The 10/10 Rule Guarantees 50% of Retirement Pay
The rule does not dictate a specific percentage. The division is determined by California’s community property laws and the terms of the divorce agreement. - Myth: The 10 Years of Marriage Must Be Consecutive
This isn’t true. The marriage and military service must overlap for a total of 10 years, but those years do not have to be consecutive. - Pitfall: Poorly Worded Divorce Decrees
If the divorce decree doesn’t explicitly address the former spouse’s entitlement to retirement pay, DFAS won’t process direct payments. This oversight can lead to significant financial headaches.
Jurisdiction
For a California court to have jurisdiction over a military divorce, at least one of the following must apply:
- The service member resides in California.
- The service member is stationed in California.
- The service member consents to the court’s jurisdiction.
Understanding these requirements is critical for ensuring the court’s orders regarding retirement pay and other matters are enforceable.
The 20/20/20 Rule
While the 10/10 rule governs direct payments of retirement benefits, the 20/20/20 rule provides additional protections for long-term spouses of military members. To qualify, the marriage must:
- Last at least 20 years.
- Overlap with 20 years of creditable military service.
Meeting these requirements grants continued access to TRICARE, commissary privileges, and other benefits—a crucial safety net for many former spouses.
Facing a Military Divorce in California? Holstrom, Block & Parke Can Help
Military divorces benefit immensely from a detailed understanding of unique laws and rules like the 10/10 rule. At Holstrom, Block & Parke, we’ve guided countless clients through these processes, always striving to secure the best possible outcomes.
Don’t leave your future to chance. Contact us today for a confidential consultation. Call us at 855-426-9111 or fill out our online contact form to schedule your telephonic case assessment. We’re here to help you protect your rights and move forward with confidence.
