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

By the FigureMyTax Editorial Team · How we calculate

Louisiana divides military retirement earned during the community at equal net value, within federal limits. Federal law caps all court-ordered payments at 50 percent of disposable retired pay, and preempted benefits are offset with other community property.

Is military retirement divided in a Louisiana divorce?

Yes, as community property to the extent earned during the community, partitioned at equal net value (R.S. 9:2801). 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 Louisiana?

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)). Louisiana’s equal net value rule operates inside that ceiling, so the federal limit is the maximum that applies; the Louisiana pension division calculator shows the share against it.

What is the 10/10 rule in Louisiana?

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 Louisiana?

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 if a federal benefit cannot be classified as community in Louisiana?

If federal law preempts community classification, the spouse of the person entitled to the benefit is allocated other community property equal in value before the rest is divided (R.S. 9:2801.1). For social security the court may allocate other community property of equal value to the other spouse in its discretion.

What about federal civilian pensions in Louisiana?

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 Louisiana?

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

Frequently asked questions

Official sources

• Louisiana Civil Code art. 2336: ownership of community property
• Louisiana Civil Code art. 2338: community property
• Louisiana Civil Code art. 2341: separate property
• Louisiana Civil Code art. 2356: causes of termination
• La. R.S. 9:2801: partition of community property
• La. R.S. 9:2801.1: allocation when federal law preempts community classification
• 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 Louisiana statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Louisiana attorney.