How Is Military Retirement Pay Divided in a Divorce?

 Posted on November 14, 2025 in Military Divorce

Divorcing when one spouse is a member of the U.S. military can be complicated. Whether you are a civilian or a servicemember, you may wonder if military retirement benefits are subject to division between the spouses. A Denton, TX military divorce lawyer can help to clarify your questions while protecting your best interests during asset division.

At The Law Office of Linda Risinger, we have experience helping clients with the complexities of military divorce. We focus on securing the best results for our clients, prioritizing a cost-effective approach to protect your interests in the long term. Our attorneys represent both civilian and military spouses in a divorce, and you can trust us to provide you with dedicated counsel no matter the circumstances.

What Portion of Military Retirement Pay Is Community Property?

Under Texas law, any retirement benefits acquired during the marriage are presumed to be community property. This means that, in the event of a divorce, the retirement pay you have earned during your marriage could be subject to division.

One of the biggest hurdles in determining how to divide retirement benefits, military or not, is figuring out how much of it was acquired during the marriage. Our firm can help you get a clear valuation of your assets and negotiate for a just outcome. We work with financial advisors and other financial professionals who can put a clear dollar amount on divisible retirement benefits.

How Does Texas Divide Military Retirement Pay?

The Uniformed Services Former Spouses’ Protection Act, or USFSPA, allows state courts to treat military retirement accounts as community property. Under this act, military retirement benefits can be paid out in payments based on a percentage of disposable retirement pay.

Texas courts follow a philosophy of dividing community property in a "just and right" manner. Judges can take different factors into account, such as each spouse’s financial resources, the fault behind the divorce (if any), and the length of the marriage. Our firm can help you negotiate a property settlement or argue for a fair division of assets in court.

What Is the "10/10" Rule in Military Divorces?

Most of the time, military retirement benefits in a divorce must be paid out from the military spouse to the civilian spouse. However, in some circumstances, the civilian spouse may be able to receive payments directly from the Defense Finance and Accounting Service, or DFAS. 

In order to receive direct payments from DFAS, certain conditions must be met. Specifically, you must have been married to the military spouse for at least 10 years, during which the military spouse served in the military for at least 10 years – hence, it is referred to as "the 10/10 rule."

Contact a Denton County, TX Military Divorce Lawyer

At The Law Office of Linda Risinger, we understand the nuances that come with a military divorce, especially as it pertains to property division. If you have any questions about your divorce, do not hesitate to reach out to our Denton, TX family law attorneys at 972-294-6533 for a free consultation.