Is Military Retirement Subject to Division?
Military retirement is fair game in equitable distribution. Any retirement earned during the marriage is considered marital property however there is a unique limitation with regard to a non-military spouse receiving direct payment from the federal government. In order to receive direct payment, the “10/10” requirement must be met; the spouses must have been married 10 years or more during which the military-spouse had at least ten years of applicable service.
Keep in mind that military retirement is still subject to division if the 10/10 requirement hasn’t been satisfied – this requirement only places a limitation on who can receive a direct payout from the Defense Finance and Accounting Service.