Call For a Consultation 985-261-0702


Military Divorce: “The 10/10 Rule”

Posted by Kevin Edler | Dec 28, 2020

Military Divorces are unique in many ways.  Although Louisiana state courts generally apply Louisiana laws, federal statutes are often applied in cases involving spouses who have served in the military.

In 1982, the United States Congress passed the Uniformed Services Former Spouses' Protection Act (SSFSPA).  This statute gave Louisiana state courts the right to treat military retirement pay as community property.  The “10/10 Rule” was originated in this statute.

According to the “10/10 Rule” if a non-member spouse is married to a military member for at least ten years of creditable military service, that non-member spouse can receive his or her community portion of the member spouse's military retired pay directly from the Defense Finance and Accounting Service (DFAS). 

It is vital to understand that establishing a non-member's community portion of a member spouse's military retirement has to be determined by a Court of proper jurisdiction.  After a non-member spouse's portion is determined by judgment, another order must be signed by the Court and subsequently submitted to DFAS with the appropriate forms to effect proper payments to the non-member spouse.  

This process is complex.  If you are contemplating a divorce that involves military retirement, I would encourage you to consult with a divorce attorney that regularly handles military divorces in the proper jurisdiction for your divorce proceedings. 

Disclaimer: The information contained on this website is for general information purposes only. Nothing on this website is or should be considered legal advice. The information on this website is not intended to create an attorney-client relationship, and viewing or receipt of information from this website does not create an attorney-client relationship.

About the Author

Kevin Edler

Kevin founded Edler Law Firm in 2010. He is licensed to practice law in all Louisiana State Courts. In 2014, The Institute for Divorce Financial Analysts designated Kevin Edler as a Certified Divorce Financial Analyst®, making him the only attorney in Louisiana to hold this designation.

Contact Us Today

Edler Law Firm is committed to exceeding the expectations of its clients by providing superior legal services. If you need an attorney or have a legal matter that you would like to discuss, contact Edler Law Firm. We are now offering in person, video conference and teleconference consultations.