What is the 10/10 rule in a military divorce?

The 10/10 rule, found in 10 U.S.C. § 1408(d)(2), determines whether the Defense Finance and Accounting Service (DFAS) will pay the former spouse's share directly. It requires at least 10 years of marriage overlapping at least 10 years of creditable military service. The 10/10 rule does NOT decide whether the pension can be divided — a court can still award a share with fewer than 10 years; it only affects whether DFAS pays the spouse directly versus the servicemember paying them.

Military Divorce Attorney in Florida: Pensions, the 10/10 Rule, the SCRA & Deployment

Q: How is a military pension divided in a Florida divorce?

Under the federal Uniformed Services Former Spouses' Protection Act (USFSPA), 10 U.S.C. § 1408, a state court may treat disposable military retired pay as marital property and divide it under Florida's equitable distribution statute, Fla. Stat. § 61.075. Only the marital portion — generally the service that overlapped the marriage — is divided, and federal law caps a former spouse's share of disposable retired pay at 50%.

Q: Can a Florida court divide my VA disability pay?

No. In Mansell v. Mansell, 490 U.S. 581 (1989), the U.S. Supreme Court held that military retired pay waived to receive VA disability compensation is excluded from 'disposable retired pay' and cannot be divided as marital property. In Howell v. Howell, 581 U.S. 214 (2017), the Court further held that a state court cannot order a veteran to indemnify a former spouse for a post-divorce reduction caused by a VA disability waiver.

Q: How does the SCRA protect a deployed servicemember in a divorce?

The Servicemembers Civil Relief Act (SCRA) protects active-duty members from being divorced by default. Under 50 U.S.C. § 3931, a court cannot enter a default judgment without safeguards, and under 50 U.S.C. § 3932 a servicemember whose duties materially affect their ability to appear may obtain a stay of proceedings of at least 90 days, with possible extensions.

Q: Can I file for divorce in Florida if I'm stationed elsewhere?

Often yes. Florida requires that at least one spouse reside in Florida for six months before filing under Fla. Stat. § 61.021. A servicemember who maintains Florida as their legal domicile (home of record) generally can satisfy Florida residency even while stationed out of state or overseas, and a non-military spouse living in Florida can also establish residency.

Q: What happens to time-sharing when a parent is deployed?

Under Fla. Stat. § 61.13002, a court may not permanently change time-sharing because of a parent's activation, deployment, or temporary assignment, and deployment cannot be the sole basis for a permanent modification. The court may enter a temporary order, allow the deployed parent to designate a family member to exercise time-sharing for deployments over 90 days, provide for electronic contact, and must reinstate the prior schedule when the servicemember returns.

By Nadia Pazos, Family Law Attorney, Pazos Law Group · Updated June 4, 2026 · ← Home

A military divorce follows Florida law for most issues — but a layer of federal law controls the military pension, disability pay, and the protections a deployed servicemember is owed. Getting these federal rules right is the difference between a fair result and a costly mistake. This guide explains how Florida and federal law work together for service families across South Florida and those stationed away from home.

Quick Answer

In a Florida military divorce, the court divides disposable military retired pay as marital property under the federal USFSPA (10 U.S.C. § 1408) and Florida’s equitable distribution statute (§ 61.075). The 10/10 rule decides only whether DFAS pays the spouse directly — not whether the pension can be divided. VA disability pay cannot be divided. Deployed members are protected from default judgments by the SCRA.

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Dividing the Military Pension: the USFSPA

The military retirement is often the largest marital asset, and its division is governed by a federal statute, the Uniformed Services Former Spouses’ Protection Act (USFSPA), 10 U.S.C. § 1408. The USFSPA authorizes — but does not require — a state court to treat disposable military retired pay as marital property. Florida then applies its equitable distribution statute, Fla. Stat. § 61.075, to divide the marital share — generally the portion of the service that overlapped the marriage. Federal law caps the amount paid to a former spouse at 50% of disposable retired pay.

Two technical points frequently decide real dollars:

The “frozen benefit” rule. Under the 2017 National Defense Authorization Act, the marital share is generally valued based on the member’s rank and years of service at the time of divorce, not at retirement — which can significantly change the former spouse’s share.
The Survivor Benefit Plan (SBP). Retired pay normally stops at the member’s death. To keep a former spouse’s share alive afterward, the decree must address an SBP election, and a former-spouse election generally must be made within strict deadlines.

The 10/10 Rule — What It Really Means

The most misunderstood concept in military divorce is the 10/10 rule, found in 10 U.S.C. § 1408(d)(2). It requires 10 years of marriage overlapping 10 years of creditable service for one purpose only: whether the Defense Finance and Accounting Service (DFAS) will pay the former spouse’s share directly.

The 10/10 rule does not determine whether the pension can be divided. A Florida court can still award a former spouse a share of the marital portion even if the marriage and service overlapped fewer than 10 years — in that case, the servicemember simply pays the spouse directly rather than DFAS handling it. Confusing the two is a common and expensive error.

VA Disability Pay Cannot Be Divided

Federal law treats VA disability compensation differently from retirement. In Mansell v. Mansell, 490 U.S. 581 (1989), the U.S. Supreme Court held that retired pay a member waives in order to receive VA disability compensation is excluded from “disposable retired pay” and therefore cannot be divided as marital property. The Court went further in Howell v. Howell, 581 U.S. 214 (2017), holding that a state court cannot order a veteran to reimburse (indemnify) a former spouse when a post-divorce VA disability election reduces the divisible retirement. Because a member can elect VA disability after the divorce and shrink the divisible pension, the decree should anticipate this risk with careful drafting.

SCRA: Protection From Default for Servicemembers

The Servicemembers Civil Relief Act (SCRA) protects active-duty members who cannot fully participate in a case because of their service:

Under 50 U.S.C. § 3931, a court generally cannot enter a default judgment against a servicemember without appointing counsel and following statutory safeguards.
Under 50 U.S.C. § 3932, a servicemember whose military duties materially affect their ability to appear may obtain a stay of at least 90 days, with the possibility of further extensions.

These protections matter on both sides: a deployed member should not lose rights by default, and a spouse filing against a servicemember must build SCRA compliance into the case to avoid a judgment being later vacated.

Filing in Florida While Stationed Elsewhere

Florida requires that at least one spouse reside in Florida for six months before filing, under Fla. Stat. § 61.021. Military families have flexibility here: a servicemember who keeps Florida as their legal domicile (home of record) generally satisfies Florida residency even while stationed out of state or overseas, and a non-military spouse who lives in Florida can independently establish residency. Where to file can affect which state’s law applies to property and support, so it is worth analyzing early.

Time-Sharing and Deployment

Florida has a dedicated statute protecting deployed parents’ relationships with their children: Fla. Stat. § 61.13002. Its core protections are:

A court may not permanently change time-sharing because of a parent’s activation, deployment, or temporary assignment, and deployment cannot be the sole basis for a permanent modification.
For deployments over 90 days, the servicemember parent may designate a family member (or stepparent/relative by marriage) to exercise their time-sharing.
The court must provide for electronic contact (video, phone) and liberal time-sharing during leave.
The prior schedule is reinstated when the servicemember returns.

Frequently Asked Questions

How is a military pension divided in a Florida divorce?

Under the USFSPA, 10 U.S.C. § 1408, a Florida court may treat disposable military retired pay as marital property and divide the marital share under § 61.075. A former spouse’s share of disposable retired pay is capped at 50% by federal law.

What is the 10/10 rule?

Under 10 U.S.C. § 1408(d)(2), 10 years of marriage overlapping 10 years of service is required for DFAS to pay the former spouse directly. It does not decide whether the pension can be divided — a court can still award a share with fewer than 10 years.

Can a Florida court divide my VA disability pay?

No. Mansell v. Mansell, 490 U.S. 581 (1989) excludes VA disability waivers from divisible “disposable retired pay,” and Howell v. Howell, 581 U.S. 214 (2017) bars ordering a veteran to indemnify a former spouse for a post-divorce VA waiver.

How does the SCRA protect a deployed servicemember?

Under 50 U.S.C. § 3931 a court generally cannot enter a default judgment without safeguards, and under 50 U.S.C. § 3932 a servicemember whose duties materially affect their ability to appear may obtain a stay of at least 90 days.

Can I file for divorce in Florida if I'm stationed elsewhere?

Often yes. Florida requires six months of residency under § 61.021. A servicemember who keeps Florida as their legal domicile generally satisfies it even while stationed away, and a non-military spouse living in Florida can establish residency.

What happens to time-sharing when a parent is deployed?

Under § 61.13002, deployment cannot be the sole basis for a permanent change, the deployed parent may designate a family member to exercise time-sharing for deployments over 90 days, electronic contact is provided, and the prior schedule is reinstated on return.

Protecting Service Families Through Divorce

Pazos Law Group helps active-duty members, veterans, and military spouses navigate pension division, the SCRA, and deployment time-sharing under Florida and federal law. Get clear answers before decisions are made.

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The information on this page is for general informational purposes only and does not constitute legal advice. Reading or sharing this content does not create an attorney-client relationship with Pazos Law Group. Florida and federal law and the application of statutes change over time; please consult a licensed Florida attorney about your specific situation.