For many military families, retirement pay is one of the most valuable assets in a divorce. Virginia courts may divide the share of military retirement earned during the marriage. However, a state court order dividing the benefit does not automatically guarantee direct disbursement from the government. Federal law and Defense Finance and Accounting Service (DFAS) rules determine whether and how a former spouse receives direct payments.
How Virginia courts approach military retirement
Virginia judges use equitable distribution, which does not require a 50/50 split in every case. Under this, state courts decide how to divide military retirement, but several rules affect the division:
- Marital portion: The court generally considers the portion of the retirement benefit earned during the marriage. It may apply a marital share formula to determine that amount.
- Judicial factors: The judge may consider factors such as the length of the marriage, each spouse’s contributions and financial circumstances.
- 10/10 rule: DFAS can send a former spouse’s share of military retired pay directly to that person when the marriage and military service overlapped for at least 10 years. A court may still award a share of the pension when the overlap falls below 10 years, but the retiree generally must make those payments directly to the former spouse.
- Payment cap: When DFAS sends retirement benefits directly to a former spouse, the amount generally cannot exceed half of the service member’s disposable retired pay.
- VA disability: A court cannot divide VA disability compensation as marital property.
A properly drafted divorce order can help reduce delays and confusion in payment. Virginia law and federal DFAS rules do not always match, so careful drafting matters.
Next steps for protecting military retirement in a Virginia divorce
Dividing military retirement requires careful planning and clear wording. Spouses should gather service records and review the retirement issue before the court enters the final decree. A family law attorney can help use the right language and reduce the risk of later changes.
