How Is Military Retirement Divided in a Virginia Divorce?

 Posted on September 11, 2026 in Divorce

Military retirement can be one of the most valuable assets involved in a divorce. For military families in Virginia, dividing these benefits also means dealing with both state and federal rules.

Military retirement earned during the marriage may be divided as marital property in a Virginia divorce. However, that does not mean a former spouse automatically receives half of the service member's retirement. If you are facing a military divorce in 2026, a Stafford, VA, family law attorney can help you understand how these benefits may be handled.

What Part of Military Retirement Can Be Divided in Virginia?

Under Virginia Code § 20-107.3, the marital share of retirement benefits generally includes the portion earned during the marriage and before the spouses' last permanent separation. The law also requires military retirement benefits to be divided in accordance with federal law.

This distinction matters when a service member's military career began before the marriage or continued after the spouses separated. In those cases, only part of the retirement benefit may fall within the marital share.

Does a Former Spouse Automatically Get Half of Military Retirement in Virginia?

A former spouse is not automatically entitled to half of a service member's military retirement. Federal law allows state courts to divide qualifying military retired pay in a divorce, but it does not guarantee a former spouse a particular share.

Virginia follows equitable distribution rules when dividing marital property. Equitable means fair under the law, which does not always mean an equal 50/50 division. However, Virginia law provides that a court-directed payment of retirement benefits cannot exceed 50 percent of the marital share of the cash benefits actually received by the service member.

The spouses can reach their own agreement about military retirement as part of a divorce settlement. If they cannot agree, the court can determine how the marital share should be divided.

What Is the 10/10 Rule for Military Retirement?

The 10/10 rule determines whether the Defense Finance and Accounting Service (DFAS) can make direct retirement payments to a former spouse. It does not determine whether a former spouse can be awarded part of the retirement benefit.

For the rule to apply, the marriage must have lasted at least 10 years. Additionally, at least 10 years must also overlap with creditable military service.

When the 10/10 requirement is not met, a former spouse can still be awarded part of the military retirement. However, another method of payment will be needed because DFAS cannot make direct property-division payments under the 10/10 rule.

How Does a Former Spouse in Virginia Receive Their Share of Military Retirement?

A former spouse who qualifies for direct payment can apply through DFAS. The application must include the required form and a certified court order that sets out the retirement award.

It's important to be exact with the wording of that order. DFAS must be able to calculate the payment from the information provided. An award may use a fixed dollar amount or percentage, and certain cases may use an acceptable formula.

Unlike many private retirement plans, military retired pay does not require a traditional qualified domestic relations order, or QDRO, as long as the award is properly stated in the applicable court order.

What Should You Consider Before Agreeing to a Division of Military Retirement in Virginia?

The terms used to divide military retirement can affect payments long after the divorce is final. This is especially important when the service member is still serving and has not started receiving retired pay.

When a divorce is finalized before the service member begins receiving retired pay, federal law limits the divisible retired-pay calculation using the member's retired-pay base and creditable service as of the date of divorce, with applicable cost-of-living adjustments added later. The final order must include enough information for DFAS to calculate the award.

Before agreeing to a division, consider:

• How much of the service member's military service took place during the marriage
• Whether the service member has already retired or will continue serving after the divorce
• How the retirement award will be stated in the final court order
• Whether the 10/10 rule allows the former spouse to receive payments directly from DFAS

Taking care of these details during the divorce can reduce the risk of problems when retirement payments become available. A military divorce lawyer can help you understand how the proposed division will work before it becomes part of the final divorce order.

Talk to a Stafford, VA Military Divorce Lawyer Today

Dividing military retirement requires careful attention to both Virginia property law and federal military rules. The lawyers at Meyer & Bowden, PLLC bring more than 50 years of combined experience to Virginia family law matters and represent both service members and military spouses.

Our firm works hard to resolve divorce disputes through negotiation and keep clients out of unnecessary litigation. Contact a Fredericksburg, VA, military divorce attorney or call 703-722-8692 to schedule a consultation.