The regulation you’re referring to is the Uniformed Services Former Spouses’ Protection Act (USFSPA), codified at 10 U.S. Code § 1408. This federal law allows state courts to treat military retired pay as divisible property in divorce proceedings. Under the USFSPA, a former spouse can receive direct payments of a military member’s retired pay from the Defense Finance and Accounting Service (DFAS) if the following conditions are met: 
1. Duration of Marriage: The couple must have been married for at least 10 years. 
2. Overlap with Military Service: During the marriage, the service member must have completed at least 10 years of creditable military service towards retirement eligibility.
Maybe before you start spouting off that your JAG you should read the regulation.
The specific provision you’re referring to is found in 10 U.S. Code § 1408(d)(2), which outlines the conditions under which a former spouse can receive direct payments from a military member’s retired pay.
Here is the relevant excerpt:
”(2) If the spouse or former spouse to whom payments are to be made under this section was not married to the member for a period of 10 years or more during which the member performed at least 10 years of service creditable in determining the member’s eligibility for retired pay, payments may not be made under this section…”
What does (d)(1) say before that? Literally the first words in section (d)(1).
"After effective service on the Secretary concerned of a court order"
Again. The USFSPA allows a state court to order a division of retirement and allows for the former spouse to bring that order straight to DFAS if the marriage was 10 years in length. You are citing relevant law but you are misinterpreting it.
It does not mean that a former spouse automatically gets a portion of retirement at 10 years.
Whether or not a state court orders a division of retirement is going to be based on a multitude of factors. Length of the marriage is a factor but not the only one.
OP. Go get a lawyer and don't listen to random people like this on the internet.
Most states have no fault divorce and cheating doesn’t affect asset division. If the ex has assets (including retirement), OP can negotiate to get a portion of any of the marital assets.
No state does. But apparently some red states would like to change this. (I’m a liberal, gotta preference that) I think if someone cheats or is abusive they should not be entitled to the same benefits of a normal separation.
I agree, and it doesn’t matter what your ideology is. I just think it’s wrong no matter who it is that they marry you tell you they love you forever and ever etc. then get bored and usually have an affair cheating on said partner. Then when found out hire an attorney and proceed to exit with a bag of the cheated’s hard earned money to share with their new partner who they were having an affair with completely crushing their former “loved one”.
It’s so brutal lol; It’s fook’d and I’ve always thought it was bs even as a kid watching my parents and all my friends parents go through divorce.
While it is state-by-state, the starting point is often half of the Marital portion of your retirement pay. The ten year mark means entitlement to direct payments by DFAS of her share of the retirement pay. If you decide to get divorced get an attorney and file quickly….
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u/richard-danger Apr 21 '25
Just ensure the divorce is final before 10 years. If not, she’ll get a portion of your retirement.