The ’10/10 rule’ pertains to a specific provision affecting the division of military retirement benefits in a divorce. It states that if a marriage lasted at least ten years, during which the service member performed at least ten years of creditable service, the former spouse may be entitled to direct payment of a portion of the retirement pay from the Defense Finance and Accounting Service (DFAS). As an illustration, consider a marriage lasting twelve years, with the service member accumulating fourteen years of service. This scenario would qualify under the provision.
This provision is significant because it simplifies the payment process for the former spouse. Rather than relying on the service member to make payments, DFAS directly disburses the designated amount, providing a measure of financial security and reducing potential complications in enforcing the divorce decree. Its historical context lies in addressing the economic vulnerabilities often faced by military spouses who dedicate a significant portion of their lives to supporting the service member’s career, often at the expense of their own.
