Since the 10/10 rule came into existence in 1982 with the formation of the Uniformed Services Former Spouses’ Protection Act (USFSPA), there has been considerable confusion with regard to its meaning and intent. Many people, for example, believed that the 10/10 rule governed the non-service member spouse’s right to seek a portion of the service member’s retirement pay.
The truth is that the 10/10 rule has nothing at all to do with the division of retirement benefits between the spouses. It is only focused on the non-service member spouse’s options for collecting his or her portion of retirement pay once it has been divided. At Lasiter & Jackson, in Phoenix, Arizona, we can help you understand the provisions of the 10/10 rule in military property division.
According to the USFSPA, if a non-service member spouse has been married to the service member for at least 10 years, and 10 of those years counted as creditable years of military service, the non-service member spouse is eligible to request that his or her portion of the service member’s retirement pay received in the property settlement be paid via direct payment from the Defense Finance and Accounting Service (DFAS).
In addition, the non-service member spouse, or his or her attorney, is able to make the request to the DFAS directly. Our Phoenix divorce lawyers can help you complete the DFAS forms, assemble the necessary documentation and submit it for payment. By having your own legal team handle the paperwork for you, you can feel confident that everything has been done in accordance with the court’s order.
Contact our office today to discuss your case with one of our family law attorneys. We look forward to speaking with you about your legal needs.
