Quick answer: The 10/10 rule is not a test for whether a former spouse can receive part of military retired pay. A Georgia court can divide the marital portion of military retired pay no matter how long the marriage overlapped with service. The 10/10 rule only decides whether the Defense Finance and Accounting Service (DFAS) will pay the former spouse’s share directly. If the marriage overlapped at least 10 years of creditable service, DFAS can pay directly; if not, the retiree must pay the former spouse.
The Myth
A common belief is that a spouse “needs 10 years” to get any of the retirement. That is wrong. Under the Uniformed Services Former Spouses’ Protection Act, state courts may treat disposable military retired pay as marital property. Georgia divides property equitably, and the marital share of retired pay is part of that division whether the marriage lasted 3 years or 30.
What the 10/10 Rule Actually Does
Under 10 U.S.C. § 1408(d)(2), DFAS will make direct payments of a former spouse’s property share only if the marriage lasted at least 10 years during which the member performed at least 10 years of creditable service. When the overlap is shorter, the court order is still valid, but the retiree is responsible for paying the former spouse each month. The settlement should say how and when those payments are made and what happens if they stop.
Applying to DFAS
The former spouse applies for direct payment with DD Form 2293 and a certified copy of the court order. The order must meet DFAS requirements, including identifying the member and stating the award as a fixed amount, percentage or formula. DFAS will not pay more than 50 percent of disposable retired pay as a property division, with a higher combined cap when child support or alimony garnishments are added.
The Frozen Benefit Rule
For divorces finalized after December 23, 2016, federal law limits the divisible amount to retired pay calculated from the member’s high-3 pay and years of service at the time of the divorce, adjusted for cost-of-living increases. Promotions and service after the divorce belong to the member. Orders must include specific data, such as the member’s high-3 amount and years of service at divorce, for DFAS to process them. See our guide to dividing military retired pay.
Do Not Confuse 10/10 With 20/20/20
The 20/20/20 rule is different. It concerns TRICARE health care and base privileges for a former spouse when the marriage lasted at least 20 years, the member served at least 20 years, and the two overlapped at least 20 years. The 20/20/15 rule provides one year of transitional TRICARE when the overlap is 15 to 19 years.
Other Pieces of the Puzzle
- Survivor Benefit Plan: without it, the former spouse’s share ends when the retiree dies. See the SBP deadline.
- VA disability: retired pay waived for VA disability is not divisible. See VA disability and divorce.
Talk With Scot Sikes
If military retirement is part of your divorce, Scot Sikes can make sure the order is drafted under current federal rules so DFAS will honor it. Consultations with Scot Sikes are $200. Call 706-494-6900 or send the office a message to schedule.
Frequently Asked Questions
Do you have to be married 10 years to get military retirement in a divorce?
No. A Georgia court can divide the marital share of military retired pay regardless of how long the marriage lasted. The 10/10 rule only controls whether DFAS pays the former spouse directly.
What happens if we were married less than 10 years of service?
The court order is still valid, but DFAS will not pay the former spouse directly. The retiree must make the payments, and the order should say how.
What is the frozen benefit rule?
For divorces after December 23, 2016, the divisible retired pay is based on the member’s high-3 pay and years of service at the time of divorce, plus cost-of-living adjustments.
Is the 10/10 rule the same as the 20/20/20 rule?
No. The 20/20/20 rule concerns TRICARE and base privileges for long marriages. The 10/10 rule concerns direct payment of retired pay by DFAS.
Keep Reading
- Dividing military retired pay
- The Survivor Benefit Plan deadline
- VA disability pay and divorce
- Dividing a 401(k), pension or TSP
- Military divorce in Columbus and Fort Benning
- Military divorce and related family issues
About the author. Scot Sikes founded the Law Offices of Scot Sikes in Columbus, Georgia, in 2006. He earned his J.D. at Mercer University’s Walter F. George School of Law, was admitted to the State Bar of Georgia in 1999, and served as an Army judge advocate (trial counsel, Senior Defense Counsel and Deputy Staff Judge Advocate) before retiring from the U.S. Army Reserve as a lieutenant colonel in 2017. His practice centers on family law, military divorce and military family law in the Chattahoochee Judicial Circuit, and courts have qualified him as an expert witness on dividing military property in divorce. Read Scot Sikes’s full profile. Law Offices of Scot Sikes, 5 Bradley Park Court, Suite 101, Columbus, GA 31904 · 706-494-6900.
Last updated November 2026. Sources: 10 U.S.C. § 1408 (Uniformed Services Former Spouses’ Protection Act), including § 1408(d)(2) (10-year overlap for direct payment) and the frozen benefit rule added by the FY2017 National Defense Authorization Act; DD Form 2293; 10 U.S.C. § 1072(2)(F) and (H) (20/20/20 and 20/20/15 rules). This article is general information about Georgia law, not legal advice for your situation.
Questions About Your Situation?
Call the Law Offices of Scot Sikes at 706-494-6900 or request a consultation.