Military servicemembers and their spouses may eventually decide that divorce is the best option for their families. Circumstances ranging from infidelity to changing personalities may force people to reconsider a marital commitment.
In some ways, military divorces have the potential to be more complex than divorces between civilians. A divorce can affect everything from insurance benefits to the cost of living support that a servicemember receives for their service. There are unique military rules that may apply in certain divorce scenarios, and people frequently misunderstand the impact that these rules may have on a family.
The 10/10 rule is an important military standard that applies to a military pension during a divorce. What impact does the 10/10 rule have on pension division?
Military rules don’t decide property division
A surprising number of people believe that military rules determine what happens when a servicemember divorces. That simply is not the case. Servicemembers who initiate divorce are subject to the same laws as civilians.
Judges still consider the best interest of the children in custody matters and interpret Texas community property rules when dividing resources. A military pension could be part of the marital estate. Any contributions made during the marriage could be subject to division.
The 10/10 rule does not dictate how people divide the account but can impact the practicality of doing so. If the 10/10 rule applies, the non-military spouse could receive direct payments from the Defense Finance and Accounting Service (DFAS). For the 10/10 rule to apply, the spouses must have remained married for at least 10 years and the servicemember must have 10 years of qualifying service during the marriage.
If the 10/10 rule does not apply, the service member may still need to share their pension. They simply cannot expect DFAS to make direct payments to their spouse. Instead, they may need to factor its value into other property division decisions or may need to reach an arrangement that allows for monthly spousal maintenance payments.
Understanding the rules that apply to military divorces in Texas may help people feel more confident as they prepare for the end of a marriage. Pensions are valuable assets, and those who know how to address them can better protect their financial stability after a divorce.
