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The Marital Window
Pinning down the months of marriage that overlap with creditable service, the core of the share.
Monday - Friday8:30AM - 5PM
OfficesFairfax | Manassas
Military Divorce / Military Retirement Division
Military Retirement Division · Virginia
The largest asset in the marriage deserves the most care.
For a career service member, retired pay can outweigh the house and every account combined. We calculate the marital share correctly under federal law and frame it so your portion is protected for the long run, not just the day the decree is signed.
First call is a conversation, not a commitment.
The Short Answer
Military retired pay is marital property in Virginia, divided under equitable distribution within the limits of the federal Uniformed Services Former Spouses Protection Act. The marital share is generally the months married during creditable service divided by total months of creditable service. Calculating and framing that share correctly is what protects your portion over the long run.
How It Works
State law divides it. Federal law shapes it.
Military retired pay sits at the exact point where Virginia family law and federal statute meet. Virginia decides that retirement earned during the marriage is marital property and divides it equitably. Federal law, through the Uniformed Services Former Spouses Protection Act, sets the outer limits on how that division can be done and paid. You have to satisfy both, and that is where careful work matters.
What counts as the marital share
Only the part of retirement earned during the marriage is on the table. The marital share is generally calculated as the number of months the parties were married while the member performed creditable service, divided by the total months of creditable service. Service before the marriage, or after the date of separation, generally falls outside that share. Getting the months right, and getting the formula right, is the foundation of everything else.
The Frozen Benefit Rule
For divorces finalized after December 2017, federal law changed how the share is valued. The former spouse's share is now frozen based on the member's High-3 pay at the time of the divorce, then adjusted for cost-of-living increases. Later promotions and longevity raises generally do not grow the former spouse's share. This rule reshapes the math considerably, and a calculation that ignores it can be badly off. We account for it precisely.
A share is not the same as direct payment
One of the most common and costly misunderstandings is the belief that the 10/10 rule decides whether a spouse gets any retirement at all. It does not. The 10/10 rule only decides whether the pay center sends the former spouse's share directly. A spouse who does not meet it is still entitled to the share; it simply gets paid by the service member instead. The right to a share and the method of payment are two separate questions, and confusing them costs people money.
Why the framing protects you
A retirement division is not just a number; it is language in an order that has to survive for decades and satisfy a federal pay center. The difference between a clean, well-framed share and a sloppy one can be years of dispute or a benefit that quietly erodes. Whether you are the service member or the spouse, having the marital share defined and worded correctly from the start is what keeps your portion secure.
The assetMilitary retired pay, often the largest marital asset of all.
The frameworkVirginia equitable distribution within the limits of the federal USFSPA.
Marital shareMonths married during creditable service over total months of creditable service.
Frozen Benefit RulePost-2017 divorces value the share at High-3 pay as of the divorce, plus COLA.
SourceUniformed Services Former Spouses Protection Act (USFSPA).
A Share And Direct Pay Are Not The Same
The 10/10 rule does not decide whether a spouse receives retirement. It only decides who writes the check, the pay center or the service member. Spouses lose money they were owed over that single misunderstanding.
Note: USFSPA and the Frozen Benefit Rule are federal and fact-specific; confirm the current rules as applied to your case.
Corrie Sirkin, Esq.Founding Partner
Attorney Insight
A few honest things about dividing retirement.
"I was a military spouse myself. I have watched families give up retirement they were owed because no one explained the rules to them plainly."
This is the asset I am most protective of, on both sides. For the spouse, I want the marital share calculated to the month and worded so the pay center honors it without a fight years later. For the service member, I want the share fair and the language clean, so there is no surprise clawback or rejected order down the road. The mistake I see again and again is treating the 10/10 rule as if it decides entitlement. It does not. I would rather walk a client through the real math once, carefully, than watch them sign away something they did not understand. The retirement order outlives almost everything else in the divorce, so it has to be right.
Questions Families Ask
Plain answers about retired pay.
These are the questions service members and spouses ask most about dividing military retirement. If yours is not here, we are happy to answer it directly.
Have a specific question?
Call 571.260.0999 or send us a message.
How is military retirement divided in a Virginia divorce?
Military retired pay is treated as marital property in Virginia and divided under equitable distribution, within the limits set by the federal Uniformed Services Former Spouses Protection Act. The marital share is generally the months married during creditable service divided by total months of creditable service. Getting the marital share calculated and framed correctly is what protects your portion over the long run.
What is the marital share of military retirement?
The marital share is the part of retired pay earned during the marriage. It is usually calculated as the number of months the parties were married during creditable service divided by the total months of creditable service. Only that share is subject to division; service before the marriage or after separation is generally not.
Does the Frozen Benefit Rule affect my share?
For divorces finalized after December 2017, federal law freezes the former spouse's share based on the member's High-3 pay at the time of divorce, plus cost-of-living increases. Later promotions and longevity raises generally do not increase the former spouse's share. This needs to be accounted for precisely when the share is calculated.
Is the 10/10 rule required to receive a share?
No. The 10/10 rule only decides whether the pay center pays the former spouse directly. A former spouse who does not meet it is still entitled to a share; that share is simply paid by the service member instead. The right to a share and the method of payment are two separate questions.
When You Are Ready
Protect the share you earned, or are owed.
Tell us about the service and the marriage, and we will calculate the marital share correctly and frame it to hold up for the long run. Three offices across Northern Virginia, one phone number.