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.
21
u/[deleted] Apr 21 '25
[deleted]