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

By the FigureMyTax Editorial Team · How we calculate

Florida divides military retirement accrued during the marriage as a marital asset and requires specific terms in the judgment for 10-year marriages. Federal law caps all court-ordered payments at 50 percent of disposable retired pay.

Is military retirement divided in a Florida divorce?

Yes, as a marital asset to the extent accrued during the marriage (Fla. Stat. 61.076(1)), 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 must the Florida judgment say?

If the spouses were married at least 10 years, during which at least one member of the federal uniformed services performed at least 10 years of creditable service, and the division includes uniformed services retired or retainer pay, the final judgment must include information sufficient to identify the member, certification that the Servicemembers Civil Relief Act was observed if the member was on active duty and unrepresented, and the amount to be distributed, in dollars or as a percentage of disposable retired or retainer pay (61.076(2)). Payment may not be ordered more often than monthly (61.076(3)).

What is the 50% federal limit in Florida?

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)). Florida starts from an equal division of the marital part, so the federal limit is the ceiling that applies; the Florida pension division calculator shows the share against it.

What is the 10/10 rule in Florida?

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 Florida?

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 federal civilian pensions in Florida?

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 Florida?

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 Florida decisions on them for this page. Ask the plan or a licensed attorney. See the Florida property division calculator for the rest of the estate.

Frequently asked questions

Official sources

• Fla. Stat. 61.076: distribution of retirement plans upon dissolution of marriage
• Fla. Stat. 61.075: equitable distribution of marital assets and liabilities
• 10 U.S.C. 1408: military retired pay in divorce
• 26 U.S.C. 414(p): qualified domestic relations orders
• 29 U.S.C. 1056(d)(3): ERISA domestic relations orders
• 5 U.S.C. 8345(j): CSRS court orders
• 5 U.S.C. 8467: FERS court orders

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