Military and Federal Pensions in a District of Columbia Divorce: USFSPA, the 10/10 Rule and Survivor Benefits

By the FigureMyTax Editorial Team · How we calculate

The District of Columbia distributes military retirement earned during the marriage equitably, within federal limits. Federal law caps all court-ordered payments at 50 percent of disposable retired pay, and the military pays directly only after a 10-year marriage and service overlap.

Is military retirement divided in a District of Columbia divorce?

The District distributes property accumulated during the marriage (D.C. Code 16-910), and federal law lets a court treat disposable retired pay as property of the member alone or of the member and spouse under the law of the court’s jurisdiction, but only if the court has jurisdiction over the member through residence other than because of military assignment, domicile or consent (10 U.S.C. 1408(c)).

What is the 50% federal limit in the District of Columbia?

The total amount of disposable retired pay payable under all court orders may not exceed 50 percent of the disposable retired pay (10 U.S.C. 1408(e)(1)). The District sets no percentage of its own, so the federal limit is the ceiling that applies; the District of Columbia pension division calculator shows the share against it.

What is the 10/10 rule in the District of Columbia?

Direct payment from the military to a former spouse is not available, to the extent the order treats retired pay as property, unless the spouses were married 10 years or more during which the member performed at least 10 years of service creditable for retired pay (1408(d)(2)). The rule limits payments made by the military under section 1408; it does not by itself say a court cannot divide the pay, so an order should say how a spouse who misses the test will be paid. The calculator checks your overlap months.

How does a military order get paid in the District of Columbia?

After effective service on the Secretary concerned of a court order that specifically provides for payment of a share of disposable retired pay to a spouse or former spouse, the Secretary makes payments, subject to the section’s limits (1408(d)(1)). A general property award is not enough; the order must specify the amount or fraction.

What about deployment in the District of Columbia?

A deploying parent can ask for a temporary custody or visitation order that terminates within 10 days after the parent can resume (D.C. Code 16-914.02), and a service member who resides in the District for 6 continuous months during service is deemed a resident for the divorce residence rule (16-902(e)).

What about federal civilian pensions in the District of Columbia?

Federal law provides that payments under the Civil Service Retirement System and the Federal Employees Retirement System are paid, in whole or in part, to another person to the extent expressly provided in the terms of a court decree of divorce, annulment or legal separation or a court order or court-approved property settlement incident to one (5 U.S.C. 8345(j); 5 U.S.C. 8467).

What does this page not cover in the District of Columbia?

Veterans’ disability benefits, survivor benefits for a former spouse and tax treatment are separate questions governed by federal law and the plan, and we did not read the District of Columbia decisions on them for this page. Ask the plan or a licensed attorney. See the District of Columbia property division calculator for the rest of the estate.

Frequently asked questions

Is military retirement marital property in the District of Columbia?

Retirement earned during the marriage is distributed equitably, within federal limits.

What is the maximum share of military retired pay for a District of Columbia former spouse?

Federal law caps the total payable under all court orders at 50 percent of disposable retired pay.

What is the 10/10 rule for a District of Columbia military divorce?

Direct payment requires 10 years of marriage overlapping 10 years of creditable service.

Can a District of Columbia court divide military retirement if the member lives elsewhere?

Only if it has jurisdiction through residence, domicile or consent.

How is a federal civilian pension paid to a former spouse in a District of Columbia divorce?

The Office of Personnel Management pays as expressly provided in the divorce decree or related order.

Official sources

Going through a divorce or custody case in District of Columbia?

A local family law attorney can review your situation — many offer a free consultation.

Talk to a District of Columbia attorney

This is general information, not legal advice. It is based on the cited District of Columbia statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed District of Columbia attorney.