16. Division of Military Retirement in Divorce


Military retirement pay is also divisible in a Colorado divorce or legal separation if the 10 and 10 rule is met.

The 10 and 10 rule is the requirement that the Parties have to have been married at least 10 years during at least 10 years of military service. The 10 years has to be overlaping. Otherwise DFAS will not honor a Court Order which divides military retired pay.

The Military Order can be done even before the Service Member has reached the minimum 20 years of service credit. (As always there are exceptions to the 20 year minimum.)

A survivor benefit called the SBP is available and in most cases should be included.

In 2017 the Military changed its rules such that: (1) the Hunt time rule formula can no longer be used; and (2) the Military order must include the High-3 monthly amount and the months/years of service.

DFAS now wisely takes the position that the Hunt time rule formula can no longer be used because it is very unfair to the Service Member to have post-Decree contributions and effort be assigned to the Former Spouse. All post-Decree effort and contributions is separate property.

Disability pay is common with Military service. It is not divisible in divorce or legal separation.