Divorce, SBP and survivor benefits

What your family keeps if you divorce or die is set by a handful of rules most people never read until they need them. A state court divides retired pay within limits the USFSPA sets, and SBP and DIC decide what a surviving spouse gets.

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February 8, 2026 · 21 min read

How Military Retirement Pay Is Divided in Divorce (2026 USFSPA Guide)

How a divorce court splits military retired pay under the USFSPA, what the 10/10 rule really does, the frozen benefit rule for divorces after 2016, and what a court can't divide. Worked examples on the 2026 pay tables, what the split does to your take-home, and the Supreme Court case on indemnification agreements it agreed to hear in October 2026.

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