How the 10/10 rule can affect your military divorce

On behalf of Stange Law Firm, PC posted in Military Divorce on Thursday, October 15, 2015.

If you have heard anything about military divorce, you have probably heard that it is significantly more complicated than non-military divorce, largely because of the various factors that military couples must take into consideration. Obviously there are simple facets of military lifestyle that can make divorce difficult, such as one party being deployed in a different country and unable to attend court dates, but there are also factors of military life that must be addressed during a divorce.

One of these factors is the 10/10 rule, which is part of the Uniformed Services Former Spouses’ Protection Act. The 10/10 rule allows the member of the marriage who was not part of the service some discretion as to how he or she receives payments. Essentially, the spouse can choose to receive payment directly from the DFAS instead of from his or her ex-spouse. However, this discretion is only granted if the couple were married for 10 years or more and the military member of the marriage served for at least 10 years.

This is just one rule that affects one aspect of property division in military divorce. There are other rules that should be considered, and even additional properties such as military retirement that may need to be divided in the event of a military divorce.

The simple fact is that military divorces bring with them many complexities that civilian divorces do not have to face. The good news for those going through a military divorce is that they can enlist the aid of an attorney to help them understand the various laws and specific issues that their divorce will face. If you are going through a military divorce in Missouri, visit our webpage to gain more information about some of the issues you may face. Feel free to contact us with any additional questions, including how we can represent you in court to help your divorce go smoothly.

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