Divorcing a military service member comes with unique challenges, especially when dividing military retirement pay and determining eligibility for benefits. The Uniformed Services Former Spouses’ Protection Act (USFSPA) provides a framework for these divisions, particularly through the 10-10, 10-20, and related rules. Reach out to the experienced lawyers at Edgar & Dow for assistance with your military divorce. 

Choose Edgar & Dow for Your Military Divorce

Since 2004, our team has provided quality representation for military families across California. We use our experience and superior knowledge to provide compassion for your situation. Reach out to our team to discuss your specific divorce needs; we offer a tailored approach to every case. 

The 10-10 Rule

The 10-10 rule is a key consideration in determining whether a former spouse can receive direct payments of military retired pay from the Defense Finance and Accounting Service (DFAS). To qualify:

• Marriage Duration: The couple must have been married for at least 10 years.
• Service Overlap: The service member must have performed at least 10 years of creditable service during the marriage.

If both conditions are met, DFAS can directly pay the former spouse their share of the military retired pay, simplifying the process and ensuring consistent payments.

The 10-20 Rule

The 10-20 rule pertains to eligibility for certain military benefits, specifically medical benefits, for former spouses. To qualify:

• Marriage Duration: The couple must have been married for at least 20 years.
• Service Overlap: The service member must have performed at least 20 years of creditable service during the marriage.
• Marriage-Service Overlap: There must be at least 20 years of overlap between the marriage and the service member’s creditable service.

When all three conditions are met, the former spouse is eligible for full military medical benefits, commissary, and exchange privileges for life, unless they remarry.

The 20-20-15 Rule

A variation of the 10-20 rule, the 20-20-15 rule provides limited medical benefits for former spouses:

• Marriage Duration: The couple must have been married for at least 20 years.
• Service Overlap: The service member must have performed at least 20 years of creditable service.
• Marriage-Service Overlap: There must be at least 15 years, but less than 20 years, of overlap between the marriage and the service member’s creditable service.

Under this rule, the former spouse is entitled to one year of transitional medical benefits after the divorce.

The other important thing to keep in mind is that the government determines the length of marriage differently from the state of California. The state of California determines the length of marriage from the date of marriage to the date of separation, while the federal government (military) determines it from the date of marriage to the date of divorce. 

Why It Matters

Understanding these rules is crucial for ensuring that former spouses of military members receive the benefits they are entitled to after a divorce. These rules help clarify eligibility and streamline the process, providing much-needed support during a challenging time.

Call a Lawyer About Your Military Divorce

It’s critical to hire an attorney familiar with the unique requirements of military divorces, which require an in-depth understanding of both state and federal laws. The team at Edgar & Dow understands these complex divorces that other divorce attorneys simply may not be equipped to handle. We can help you navigate issues that may arise, such as dividing military retirement benefits and pensions. Give us a call for reliable assistance.

FAQs

Are Disability Benefits Considered Marital Property?

Generally, disability benefits are not considered marital property in a military divorce. There are some nuances worth discussing with a knowledgeable attorney familiar with military property division laws. Typically, federal disability benefits are protected during a divorce and cannot be seized when dividing property or awarding alimony. When you retain an attorney, they help ensure these benefits are properly handled and not considered marital property.

Do I Have Any Procedural Rights or Legal Protections as a Service Member on Active Duty? 

Yes, if you are on active duty or are deployed, you have procedural and legal protections provided under the Servicemembers Civil Relief Act (SCRA). An attorney with Edgar & Dow can help explain your legal rights pursuant to the SCRA, including the right to a temporary postponement of divorce proceedings due to active duty or deployment. We can discuss your rights in detail during your initial consultation with our team. 

Can a JAG Attorney Represent Me During My Civilian Divorce in California? 

In general, a JAG attorney cannot represent you during a civil divorce proceeding throughout California. While JAG attorneys from the military can provide legal assistance and legal information, they usually cannot represent you for a civil divorce. As a result, it’s beneficial to retain a licensed family lawyer to represent your interests for a divorce in California. Connect with our office to discuss our available divorce services right away.

Can an Attorney in California Explain Any Legal Implications if One Spouse is Stationed or Deployed Overseas?

Yes, an experienced attorney can discuss all legal implications that may arise due to one service member being stationed or deployed overseas. Your divorce attorney can explain the legal implications so you can make fully informed decisions. Your attorney can help address all issues related to child custody and child support. Our office has handled a wide variety of military divorces and can help you through your unique situation as well. 

Hire a Divorce Lawyer Today – Contact Edgar & Dow for Military Divorce Guidance

Across the United States, there are 3.8 million family law cases annually, and it’s critical to have an exceptional lawyer in your corner. In particular, navigating the complexities of military divorce requires legal guidance through complex issues. 

At Edgar & Dow, we focus on family law and have a deep understanding of the unique issues faced by military families. When you need to hire a divorce lawyer, our experienced attorneys can help you understand your rights and secure the benefits you deserve.

Whether you’re dealing with the division of military retired pay or determining eligibility for benefits under the 10-10, 10-20, or 20-20-15 rules, Edgar & Dow is here to help. Contact us today to schedule a consultation and ensure that your interests are protected.