If you're a military retiree -- or about to become one -- who went through a divorce, your monthly retirement check may be smaller than you expect. Under federal law, state courts can divide your military divorce retirement pay as marital property, and the Defense Finance and Accounting Service (DFAS) can send a portion of your check directly to your former spouse before you ever see it. Understanding how the Uniformed Services Former Spouses' Protection Act (USFSPA) works, what the 10/10 rule really means, and how the frozen benefit rule changes the math is critical to your financial planning -- whether you are the service member or the former spouse.
Our Military Retirement Calculator now includes a divorce impact toggle that lets you model exactly how a former spouse deduction changes your take-home retirement pay, your income gap, and your post-service financial plan. This guide explains every concept behind those numbers.
A court-ordered division of military retirement pay can reduce your monthly check by hundreds or even thousands of dollars. This guide covers the USFSPA, the 10/10 rule, the frozen benefit rule, the coverture fraction, what is and is not divisible, and how to protect yourself -- with real 2026 pay calculations.
Table of Contents
- What Is the USFSPA?
- The 10/10 Rule: The Most Misunderstood Rule in Military Divorce
- How Military Retirement Pay Is Divided: The Coverture Fraction
- The Frozen Benefit Rule (Post-December 23, 2016)
- What Is NOT Divisible in Divorce
- How Divorce Impacts Your Retirement Calculator Numbers
- Protecting Yourself: Key Strategies
- 2026 Quick Reference Table
- Frequently Asked Questions
- Action Steps
- Related Articles
What Is the USFSPA? Understanding the Law Behind Military Divorce Retirement Pay Division
The Uniformed Services Former Spouses' Protection Act (USFSPA), codified at 10 U.S.C. § 1408, was enacted by Congress in 1982. It was passed in response to the U.S. Supreme Court's decision in McCarty v. McCarty (1981), which had ruled that federal law preempted state courts from treating military retirement pay as divisible community property. Congress disagreed with that outcome and passed the USFSPA to restore state courts' authority.
What USFSPA Actually Does
The USFSPA does two important things:
- It permits (but does not require) state courts to treat disposable military retired pay as marital property that can be divided in a divorce, dissolution, annulment, or legal separation. Each state applies its own property division laws.
- It establishes a mechanism for DFAS to make direct payments to a former spouse if certain conditions are met (the 10/10 rule, discussed below).
Critical distinction: The USFSPA does NOT automatically entitle a former spouse to any percentage of military retirement pay. It simply allows state courts to treat it as divisible property. Whether a court actually awards a share, and how much, depends entirely on the state's divorce laws, the specific facts of the case, and the arguments presented. Some states are community property states (like California and Texas) where a 50/50 split is the starting point, while equitable distribution states (like Virginia and North Carolina) divide property based on fairness, which may not be equal.
Disposable Retired Pay vs. Gross Retired Pay
The USFSPA only authorizes courts to divide disposable retired pay, not gross retired pay. Disposable retired pay is the gross retirement amount minus certain deductions:
- Amounts owed to the United States government
- Amounts waived to receive VA disability compensation (the VA waiver)
- Survivor Benefit Plan (SBP) premiums
- Amounts deducted for court-martial forfeitures
This distinction matters enormously. If a retiree has a VA disability rating and waives a portion of retirement pay to receive tax-free VA compensation, the disposable retired pay shrinks, and the former spouse's dollar amount shrinks with it -- unless the divorce decree has specific indemnification language.
How DFAS Processes Former Spouse Payments
When a court issues a divorce decree or property settlement that divides military retirement pay, the former spouse (or their attorney) submits the order to DFAS along with an application package (DD Form 2293). DFAS reviews the order for compliance with federal law and, if accepted, begins garnishing the service member's retired pay and sending the former spouse's share directly. DFAS acts as a payment agent only -- it does not interpret or enforce state court orders beyond what federal law permits.
The 10/10 Rule: The Most Misunderstood Rule in Military Divorce
No rule in military divorce law creates more confusion than the 10/10 rule. Service members, former spouses, and even some attorneys misunderstand what it does and does not mean. Let's clear this up definitively.
What the 10/10 Rule Actually Says
The 10/10 rule is a payment mechanism rule, not an entitlement rule. Here is exactly what it means:
The 10/10 Rule: If the marriage lasted at least 10 years and at least 10 of those years overlapped with the service member's creditable military service, then DFAS will pay the former spouse's court-ordered share directly from the member's retired pay.
That's it. The 10/10 rule is about who writes the check -- DFAS or the service member -- not about whether the former spouse is entitled to a share.
What the 10/10 Rule Does NOT Mean
- It does NOT mean a former spouse needs 10 years of marriage to get any retirement pay. A court can divide military retirement even after a 3-year marriage.
- It does NOT mean a former spouse automatically gets 50% after 10 years. The court decides the percentage. The 10/10 rule says nothing about how much.
- It does NOT determine entitlement. A former spouse married for 8 years during service can still be awarded a share -- they just have to collect it from the service member rather than from DFAS.
- It does NOT protect the service member from paying. If the court orders a share of retirement pay and the 10/10 overlap is not met, the service member is still legally obligated to pay. They simply must write the check themselves each month.
Practical Impact of the 10/10 Rule
| Scenario | Years Married During Service | DFAS Pays Directly? | Court Can Award Share? |
|---|---|---|---|
| Married 15 years, all during service | 15 | Yes | Yes |
| Married 12 years, 10 during service | 10 | Yes | Yes |
| Married 10 years, 9 during service | 9 | No | Yes |
| Married 5 years, all during service | 5 | No | Yes |
| Married 20 years, none during service | 0 | No | Varies by state |
Common trap: Some service members mistakenly believe that if the 10/10 overlap is not met, their former spouse cannot touch their retirement pay. This is false. The court still has the authority to award a share. The only difference is that DFAS will not enforce the payment -- the service member must comply with the court order on their own, and failure to do so can result in contempt of court.
How Military Divorce Retirement Pay Is Divided: The Coverture Fraction
When a court divides military retirement pay, it typically uses a formula called the coverture fraction (also known as the "marital fraction" or "time rule"). This formula ensures the former spouse receives a share only of the retirement benefits earned during the marriage, not the entire career.
The Coverture Fraction Formula
Former Spouse's Share =
(Months of Marriage Overlapping Military Service ÷ Total Months of Military Service at Retirement) × Court-Ordered Percentage
The result is then applied to the member's disposable retired pay to determine the monthly dollar amount.
This formula has three components:
- Numerator: The number of months the couple was married while the service member was serving (the "marital overlap period")
- Denominator: The total number of months of creditable military service at retirement
- Court-ordered percentage: The share the court awards to the former spouse (often 50%, but not always)
Example 1: E-7 with 20 Years of Service, 15 Years Married During Service
Scenario:
- Rank at retirement: E-7 (Sergeant First Class / Gunnery Sergeant)
- Total service: 20 years (240 months)
- Marriage during service: 15 years (180 months)
- Court-ordered percentage: 50%
- 2026 base pay (E-7, 20 years): $5,284/month
- Retirement system: High-3 (50% at 20 years)
- Gross retired pay: $5,284 × 50% = $2,642/month
Coverture fraction calculation:
- 180 months ÷ 240 months = 0.75
- 0.75 × 50% (court-ordered share) = 37.5%
- Former spouse receives: $2,642 × 37.5% = $991/month
- Service member keeps: $2,642 - $991 = $1,651/month
Example 2: O-5 with 24 Years of Service, 10 Years Married During Service
Scenario:
- Rank at retirement: O-5 (Lieutenant Colonel / Commander)
- Total service: 24 years (288 months)
- Marriage during service: 10 years (120 months)
- Court-ordered percentage: 50%
- 2026 base pay (O-5, 24 years): $11,530/month
- Retirement system: High-3 (60% at 24 years)
- Gross retired pay: $11,530 × 60% = $6,918/month
Coverture fraction calculation:
- 120 months ÷ 288 months = 0.4167
- 0.4167 × 50% = 20.8%
- Former spouse receives: $6,918 × 20.8% = $1,439/month
- Service member keeps: $6,918 - $1,439 = $5,479/month
Example 3: E-8 with 22 Years of Service, Married the Entire Career
Scenario:
- Rank at retirement: E-8 (Master Sergeant / Senior Chief)
- Total service: 22 years (264 months)
- Marriage during service: 22 years (264 months) -- married entire career
- Court-ordered percentage: 50%
- 2026 base pay (E-8, 22 years): $6,741/month
- Retirement system: High-3 (55% at 22 years)
- Gross retired pay: $6,741 × 55% = $3,708/month
Coverture fraction calculation:
- 264 months ÷ 264 months = 1.0
- 1.0 × 50% = 50%
- Former spouse receives: $3,708 × 50% = $1,854/month
- Service member keeps: $3,708 - $1,854 = $1,854/month
Key takeaway: When the marriage spans the entire career, the coverture fraction equals 1.0, which means the court-ordered percentage applies to the full retirement amount. In the E-8 example, a 50% award results in a literal 50/50 split. Shorter marriages relative to career length produce significantly smaller former spouse shares, even at the same 50% court order.
The Frozen Benefit Rule (Post-December 23, 2016)
The frozen benefit rule is one of the most significant changes to military divorce law in decades. Enacted as Section 641 of the National Defense Authorization Act for Fiscal Year 2017 (the 2017 NDAA), it fundamentally changed how a former spouse's share of military divorce retirement pay is calculated for divorces finalized while the service member is still on active duty or in a reserve component.
What the Frozen Benefit Rule Does
For divorces finalized after December 23, 2016, while the member is still serving (not yet retired), the former spouse's share of military retirement pay is calculated using the member's pay grade and years of service at the time of the divorce -- not at the time of eventual retirement.
Before this rule, if a couple divorced when the member was an E-5 at 12 years but the member continued serving and retired as an E-8 at 24 years, the former spouse's share was based on the much higher E-8 at 24 years pay. The former spouse benefited from promotions and years of service earned entirely after the marriage ended. The frozen benefit rule stops that.
Frozen Benefit Rule: A Concrete Example
Scenario:
- Divorce finalized: 2026 (member still on active duty)
- Rank at divorce: SGT / E-5, with 12 years of service
- Marriage during service: 10 years
- Court awards former spouse: 50%
- Member continues serving and retires as MSG / E-8 at 24 years
The Frozen Benefit Calculation
Step 1: Determine the "frozen" base pay
- E-5 at 12 years base pay (2026): $3,912/month
- This is the amount frozen at the time of divorce
Step 2: Apply COLAs from divorce to retirement
- The frozen amount of $3,912 receives annual Cost of Living Adjustments (COLAs) between the date of divorce and the date of retirement
- If the member retires 12 years later with average 2.5% annual COLA: $3,912 × (1.025)^12 = approximately $5,262/month (COLA-adjusted frozen amount)
Step 3: Calculate the former spouse's share using the frozen amount
- Coverture fraction: 10 years married / 12 years of service at divorce = 0.833
- Court-ordered share: 50%
- Hypothetical retired pay from frozen amount: $5,262 × 50% (High-3 at 20 years) = $2,631
- Former spouse's share: $2,631 × 0.833 × 50% = $1,097/month
Step 4: Compare to what the member actually receives
- Actual rank at retirement: E-8 at 24 years
- Actual base pay: $6,913/month
- Actual retired pay (60% at 24 years): $4,148/month
- After former spouse deduction: $4,148 - $1,097 = $3,051/month
Without the frozen benefit rule (pre-2017 divorces), the former spouse's share would have been based on E-8 at 24 years pay, resulting in a much larger deduction. The frozen benefit rule saved this service member a significant amount per month by ensuring the former spouse did not benefit from 12 additional years of promotions and service performed entirely after the marriage ended.
Key difference: Frozen base pay of $3,912 vs. actual retirement base pay of $6,913 -- a $3,001 difference that the frozen benefit rule keeps in the service member's pocket.
When the Frozen Benefit Rule Applies
| Situation | Frozen Benefit Rule Applies? |
|---|---|
| Divorce after Dec 23, 2016, member still serving | Yes |
| Divorce after Dec 23, 2016, member already retired | No (already at final rank/years) |
| Divorce before Dec 23, 2016 | No (old rules apply) |
| Divorce modification after Dec 23, 2016 of pre-2016 order | Varies by jurisdiction |
Important note about COLAs: While the base pay is frozen at the rank and years of service at the time of divorce, Congress specified that COLAs (Cost of Living Adjustments) are applied to the frozen amount between the date of divorce and the date of retirement. This prevents inflation from eroding the former spouse's share over time but still prevents them from benefiting from post-divorce promotions and longevity increases.
What Is NOT Divisible in a Military Divorce
Not every military benefit can be divided in a divorce. Understanding what is protected and what is not is essential to financial planning for both parties.
| Benefit Type | Divisible in Divorce? | Explanation |
|---|---|---|
| Disposable Retired Pay | Yes | This is what USFSPA authorizes courts to divide as marital property. |
| VA Disability Compensation | No | Protected under federal law (38 U.S.C. § 5301). Cannot be treated as marital property. However, courts may consider it for alimony/support calculations. |
| CRSC (Combat-Related Special Compensation) | No | Classified as special compensation, not retired pay. Not subject to USFSPA division. |
| CRDP (Concurrent Retirement & Disability Pay) | Yes | CRDP is considered restored retirement pay, so it IS divisible. See our CRDP vs CRSC guide for details. |
| TSP (Thrift Savings Plan) | Yes | Divisible as a marital asset via a Retirement Benefits Court Order (RBCO). The portion earned during the marriage is generally divisible. |
| SBP (Survivor Benefit Plan) | Can be required | A court can order the service member to elect former spouse SBP coverage. If ordered, the member pays the premiums but the former spouse receives the annuity if the retiree dies. |
The VA Disability Offset Trap: When a retiree waives retirement pay to receive VA disability compensation, the disposable retired pay decreases. This means the former spouse's dollar amount also decreases because their share is based on disposable retired pay. However, many divorce decrees contain an indemnification clause requiring the service member to "hold harmless" the former spouse from any reduction due to VA waiver. If your decree has this language, you may be required to make up the difference out of your own pocket, effectively paying the former spouse from your VA disability compensation indirectly.
Review your divorce decree carefully for indemnification or "hold harmless" language. If present, consult a military divorce attorney to understand your obligations.
How Divorce Impacts Your Retirement Calculator Numbers
When you use our Military Retirement Calculator, the divorce toggle reveals how a former spouse deduction changes your entire financial picture -- not just your retirement check, but the income gap you need to fill with civilian employment or other sources.
Before vs. After: The Real Impact
Consider an E-7 retiring at 20 years under the High-3 system with 15 years of marriage during service and a 50% court order. Using 2026 pay rates:
Before divorce adjustment:
- Gross retired pay: $2,642/month
- Monthly expenses target: $4,500/month
- Retirement covers: 58.7% of expenses
- Gap to fill: $1,858/month ($22,296/year)
After divorce adjustment (37.5% former spouse share):
- Gross retired pay: $2,642/month
- Former spouse receives: $991/month
- You keep: $1,651/month
- Monthly expenses target: $4,500/month
- Retirement covers: 36.7% of expenses
- Gap to fill: $2,849/month ($34,188/year)
The divorce deduction increased the annual income gap by $11,892 -- nearly $12,000 more per year that you need from civilian employment, VA disability, or other income sources.
Why This Matters for Transition Planning
Many service members plan their post-military careers around their retirement check. A divorce deduction can dramatically change those calculations. If you were counting on retirement pay to cover housing while you went back to school, or to supplement a lower-paying civilian job in a field you love, the former spouse deduction may require a different plan entirely.
This is exactly why our calculator includes the divorce impact section. By entering your specific coverture fraction and court-ordered percentage, you can see:
- Your actual take-home retirement pay after the former spouse deduction
- The revised income gap you need to fill
- How VA disability compensation (which is NOT divisible) changes the equation
- The minimum civilian salary you need to maintain your target standard of living
Use our calculator's Divorce Impact section to model your real numbers. Enter your rank, years of service, years married during service, court-ordered percentage, and see exactly what you keep. Try the calculator now.
Protecting Yourself: Key Strategies for Military Divorce Retirement Pay
Whether you are going through a military divorce now or want to understand your options for the future, these strategies can help protect your financial interests.
1. Hire a Military Divorce Attorney
This is the single most important step. General family law attorneys typically do not understand the USFSPA, the frozen benefit rule, DFAS procedures, SBP elections, or the difference between disposable and gross retired pay. A military divorce attorney or one with substantial military retirement division experience can:
- Ensure the court order is drafted in language DFAS will accept
- Properly apply the frozen benefit rule when applicable
- Protect your VA disability compensation from indirect division
- Advise on SBP election implications
- Structure the coverture fraction correctly
- Avoid common drafting errors that can cost thousands
2. Understand Gross vs. Disposable Retired Pay
Your former spouse is entitled to a share of disposable retired pay, not gross. Disposable retired pay is reduced by SBP premiums, amounts owed to the government, and -- critically -- the VA disability waiver. Make sure any court order references "disposable retired pay" as defined by 10 U.S.C. § 1408.
3. Know the VA Disability Offset Protection
VA disability compensation cannot be divided as marital property. If you have or plan to file for a VA disability rating, the portion of retirement pay you waive to receive VA compensation reduces your disposable retired pay. However, be cautious:
- Some courts include indemnification clauses that require you to compensate the former spouse for any VA waiver reduction
- If your decree has a "hold harmless" clause, a post-divorce VA rating may not save you money
- Discuss this strategy with your attorney before filing a VA claim specifically to reduce a former spouse's share
4. Consider the Frozen Benefit Rule Timing
If you are currently serving and contemplating divorce, understand that the frozen benefit rule works in your favor the earlier in your career the divorce occurs. If you divorce as an E-5 at 12 years, the former spouse's share is frozen at E-5/12 years pay. If you wait until you are an E-7 at 18 years, the frozen amount is higher. From a pure financial standpoint, earlier divorces during service result in a lower frozen benefit amount.
However, this should never be the primary driver of a divorce timeline. Discuss the financial implications with your attorney as one factor among many.
5. Review Your SBP Elections Carefully
The Survivor Benefit Plan (SBP) adds another layer of complexity. Key considerations:
- A court can order you to elect former spouse SBP coverage
- SBP premiums (6.5% of base amount) reduce your disposable retired pay
- If you remarry, you cannot elect spouse SBP for your new spouse if your former spouse has SBP coverage (unless the former spouse SBP coverage is later removed)
- Former spouse SBP costs the retiree money during their lifetime but provides the former spouse an annuity (55% of the selected base amount) if the retiree dies first
6. Get Your Decree Right the First Time
DFAS rejects a significant number of court orders because they do not comply with federal requirements. Common errors include:
- Failing to identify the member by full name, Social Security number, or DFAS account number
- Using ambiguous language about the amount or percentage
- Not specifying whether the award is a fixed dollar amount, a percentage of disposable retired pay, or a formula (coverture fraction)
- Failing to address the frozen benefit rule for post-2016 divorces
- Not including the required legal certifications
An improperly drafted order can delay payment for months or require expensive court modifications. Invest in getting it right from the start.
2026 Quick Reference Table: E-7 Divorce Scenarios
The following table shows how different marriage lengths and court-ordered percentages affect an E-7 retiree's monthly retirement pay under the High-3 system in 2026. All figures use the 2026 pay table (E-7 at 20 years = $5,284/month base pay, 50% multiplier = $2,642/month gross retired pay).
| Scenario | Monthly Retired Pay | Former Spouse Gets | You Keep |
|---|---|---|---|
| E-7, 20yr, No Divorce | $2,642 | $0 | $2,642 |
| E-7, 20yr, 15yr married, 50% awarded | $2,642 | $991 | $1,651 |
| E-7, 20yr, 10yr married, 50% awarded | $2,642 | $661 | $1,981 |
| E-7, 20yr, 5yr married, 50% awarded | $2,642 | $330 | $2,312 |
| E-7, 20yr, 20yr married, 50% awarded | $2,642 | $1,321 | $1,321 |
| E-7, 20yr, 15yr married, 40% awarded | $2,642 | $793 | $1,849 |
| E-7, 20yr, 15yr married, 30% awarded | $2,642 | $594 | $2,048 |
How to read this table: The "Former Spouse Gets" column is calculated as: (Years Married During Service ÷ 20 Total Years) × Court-Ordered Percentage × $2,642 gross retired pay. For the 15-year / 50% row: (15 ÷ 20) × 50% × $2,642 = 37.5% × $2,642 = $991.
DFAS payment cap: Regardless of what the court orders, DFAS will not garnish more than 50% of disposable retired pay for property division. If property division plus alimony and child support are combined, the total garnishment can reach up to 65%. Any amount above the DFAS cap must be paid directly by the service member.
Frequently Asked Questions About Military Divorce and Retirement Pay
Does the USFSPA automatically give my ex-spouse 50% of my retirement pay?
No. The USFSPA does not automatically entitle a former spouse to any specific percentage. It merely permits state courts to treat military retired pay as divisible marital property. The actual percentage awarded -- if any -- is determined by the divorce court based on the applicable state law. In community property states, a 50% split of the marital portion is common but not guaranteed. In equitable distribution states, the court considers factors like the length of the marriage, each spouse's financial situation, and contributions to the marriage. Some divorces end with no division of retirement pay at all.
What if we were married less than 10 years during my military service?
The court can still award your former spouse a share of your military retirement pay. The 10/10 rule only governs whether DFAS makes the payment directly to the former spouse. If you were married for 7 years during service, a court can still order you to pay a percentage of your retirement. The difference is that DFAS will not garnish your check -- you are responsible for making the payments yourself. Failure to comply can result in contempt of court, wage garnishment through other mechanisms, or other enforcement actions. The 10/10 rule is a payment mechanism, not an entitlement threshold.
Can my ex-spouse get my VA disability compensation in the divorce?
No. VA disability compensation is protected under federal law (38 U.S.C. § 5301) and cannot be divided as marital property in a divorce. This is a bright-line federal protection that state courts cannot override. However, there are important nuances: some state courts may consider VA disability income when calculating alimony or child support obligations (since it is still income), and if your divorce decree includes an indemnification clause, you may be required to compensate your former spouse from any source (including VA disability) if your VA waiver reduces their share of disposable retired pay.
What is the maximum my ex-spouse can receive from DFAS?
DFAS will garnish a maximum of 50% of disposable retired pay for property division under the USFSPA. If the court order also includes alimony and/or child support payments from retired pay, the total DFAS garnishment can reach up to 65%. Any court-ordered amount exceeding these limits must be paid directly by the service member outside of DFAS. It is worth noting that these are DFAS enforcement limits, not limits on what a court can order. A court could theoretically order more than 50% as a property division, but DFAS will cap its direct payments at 50%.
Does the frozen benefit rule apply to my divorce?
The frozen benefit rule applies if both of these conditions are met: (1) your divorce was finalized after December 23, 2016, and (2) you were still serving (active duty or reserve component, not yet retired) at the time of the divorce. If you were already retired when the divorce was finalized, the frozen benefit rule does not apply because there is nothing to "freeze" -- you are already at your final rank and years of service. Divorces finalized before December 23, 2016, are governed by the old rules regardless of when the member retires.
Can I reduce my ex-spouse's share by getting a VA disability rating after the divorce?
Technically, yes -- obtaining a VA disability rating reduces your disposable retired pay (because you waive retirement pay to receive VA compensation), which in turn reduces the dollar amount available for your former spouse. However, this strategy has significant risks. Many divorce decrees include "hold harmless" or indemnification language that requires you to compensate the former spouse for any reduction caused by a VA waiver. If your decree contains such language, you could end up paying the former spouse the same amount from your own pocket, defeating the purpose. Additionally, some courts view obtaining a VA rating specifically to reduce a former spouse's share as acting in bad faith. Consult a military divorce attorney before pursuing this strategy.
What happens if I waive retirement pay for VA disability after the divorce?
When you waive retirement pay to receive VA disability compensation, your disposable retired pay decreases, and the former spouse's share (which is based on disposable retired pay) decreases proportionally. The former spouse may petition the court for enforcement of an indemnification clause or seek a modification. If you receive CRDP (Concurrent Retirement and Disability Pay), that restored retirement pay IS divisible, which may offset some or all of the VA waiver reduction. If you receive CRSC instead, that special compensation is NOT divisible, which could work in your favor financially but may trigger indemnification obligations depending on your decree's language.
Do I need a special attorney for a military divorce?
While not legally required, it is strongly recommended. Military divorce involves a unique intersection of federal and state law that most civilian family law attorneys do not encounter regularly. Specific areas where a military-experienced attorney adds value include: drafting court orders that DFAS will accept (DFAS rejects many orders for technical deficiencies), applying the frozen benefit rule correctly, understanding the interplay between VA disability and retirement pay division, navigating SBP election requirements, and ensuring the coverture fraction is calculated properly. The cost of hiring a specialized attorney is often far less than the long-term financial impact of an improperly handled military retirement division.
Action Steps: What to Do Right Now
Your Next Steps
- Know your numbers: Use our Military Retirement Calculator with the divorce toggle to model your specific scenario -- enter your rank, years of service, years married during service, and court-ordered percentage to see your actual take-home pay.
- Read your divorce decree carefully: Look for the specific percentage or formula used, whether it references "disposable" or "gross" retired pay, and whether it contains an indemnification or "hold harmless" clause regarding VA disability waivers.
- Determine if the frozen benefit rule applies: If your divorce was finalized after December 23, 2016, and you were still serving at the time, the frozen benefit rule protects you from paying based on post-divorce promotions.
- Understand your VA disability interaction: If you have or are pursuing a VA disability rating, know how the waiver affects your disposable retired pay and whether your decree's language obligates you to compensate the former spouse.
- Consult a military divorce attorney: Whether you are going through a divorce now or reviewing an existing decree, a qualified attorney can identify opportunities to protect your benefits and ensure compliance with federal requirements.
- Contact DFAS if needed: For questions about existing former spouse payments, call DFAS at 800-321-1080 or visit dfas.mil/garnishment/usfspa.
- Review your SBP elections: Understand whether your divorce decree requires former spouse SBP coverage, and how the premiums affect your disposable retired pay and your former spouse's share.
Related Articles
- CRDP vs CRSC: Complete Guide to Choosing the Right Concurrent Receipt Program in 2026
- How to Calculate Military Retirement Pay in 2026: Step-by-Step Guide
- SBP (Survivor Benefit Plan): Is It Worth It in 2026?
- VA Disability with Dependents 2026: Complete Rate Tables & Calculator Guide
This article provides general information about military divorce and the division of military retirement pay under the USFSPA. It is not legal advice. Individual circumstances vary significantly, and military divorce involves complex interactions between federal and state law. Consult a qualified military divorce attorney licensed in your state for advice specific to your situation. Pay figures are based on the 2026 military pay tables and may change with future COLA adjustments or legislative action.