Springfield, Virginia · Retirement Account Division
Springfield sits in a corner of Fairfax County full of military and federal families, and their divorces carry a risk most people never see coming: a survivor benefit that vanishes if one deadline is missed. Let me walk you through how military and federal pensions are actually divided here, what is divisible and what is not, and the one paper you cannot afford to forget.
By Alisa Chunephisal, Esq. · Founding Partner, NOVA Legal Professionals
This article is one part of our larger divorce guide. For the full picture, start with our cornerstone, Divorce in Virginia. Here, I will focus on military and federal retirement.
Military retirement: only part of it can be divided
A military pension can be treated as marital property under the federal Uniformed Services Former Spouses’ Protection Act (10 U.S.C. § 1408), but only the “disposable retired pay” can be divided, not the full gross pension. Disposable retired pay leaves out things like Survivor Benefit Plan premiums and, importantly, any retired pay the member waives to receive VA disability compensation. VA disability pay itself cannot be divided at all. So the divisible pool can be smaller than the headline number, and that needs to be understood before anyone signs.
The 10/10 rule, explained correctly
People misunderstand this one constantly. The 10/10 rule means that if you were married for at least ten years that overlapped with at least ten years of creditable military service, the Defense Finance and Accounting Service can pay your share directly to you. That is all it controls: who cuts the check. It does not decide whether you are entitled to a share. A court can award a former spouse part of the pension even under ten years, the payment just comes from the member instead of DFAS. Direct payments are also capped at 50 percent of disposable retired pay.
A Word About the One-Year SBP Deadline
If the retiree dies, the pension payments stop, unless the former spouse is covered by the Survivor Benefit Plan. Divorce ends a spouse’s SBP coverage automatically, so the order must require former-spouse coverage, and a “deemed election” has to reach DFAS within one year of the divorce decree. Miss that window and the survivor benefit is gone for good, no matter what the decree says. This single deadline is the most common, and most expensive, mistake in military divorces.
Dividing a federal or military pension?
A short conversation can show you what is divisible, what is not, and which deadlines apply to you. No pressure, no commitment.
Federal civilian pensions: FERS, CSRS, and the TSP
Springfield is also home to many federal civilian workers, and their retirement is divided differently. A FERS or CSRS pension is split through a Court Order Acceptable for Processing, handled by the Office of Personnel Management. That order can also award the former spouse a survivor annuity, but only if the order spells it out, the same survivor trap as the military side. The Thrift Savings Plan is divided through its own retirement benefits court order, not a private QDRO. Each plan has its own paperwork, and using the wrong document is how a division that looked final stalls at the agency.
How the marital share is figured
Virginia treats the part of a pension earned during the marriage as marital property under Va. Code § 20-107.3, usually measured with a coverture fraction that compares marital service to total service. For military divorces finalized on or after December 23, 2016, a federal “frozen benefit” rule fixes the former spouse’s share to the member’s rank and years of service at the time of divorce, rather than at retirement. The result is a share that has to be calculated with care, not estimated. For how different plans are split, see our retirement account division practice area page.
Where a Springfield case is heard
Springfield is part of Fairfax County, so your divorce is handled by the Fairfax Circuit Court, the 19th Judicial Circuit, at 4110 Chain Bridge Road in the City of Fairfax. The pension orders themselves are then processed by the federal agencies, DFAS, OPM, or the TSP, depending on the benefit.
“I have seen people win the pension and lose it anyway, because nobody filed the survivor election in time. The calendar is as important as the number.“
Alisa Chunephisal, Esq. · Founding Partner
Alisa’s Practical Advice
Three habits protect a Springfield client dividing a federal or military pension. First, settle the survivor benefit in the agreement and calendar the one-year deadline to file the election, because that deadline does not forgive. Second, find out early whether VA disability is reducing the divisible retired pay, so the share you negotiate is real and not a number on paper. Third, match the order to the plan, a COAP for OPM, the TSP’s own order for the Thrift Savings Plan, a military order for DFAS, because the wrong form simply will not be processed.
A pension award is only as good as the order and the deadline behind it.
Authoritative References
Sources
- Uniformed Services Former Spouses’ Protection Act, 10 U.S.C. § 1408. Allows state courts to divide military disposable retired pay; sets the 10/10 rule for direct DFAS payment. dfas.mil/garnishment/usfspa
- Defense Finance and Accounting Service (DFAS). Survivor Benefit Plan former-spouse coverage and the one-year deemed-election deadline. dfas.mil/garnishment/usfspa
- U.S. Office of Personnel Management. Court orders dividing FERS and CSRS benefits and awarding a former-spouse survivor annuity. opm.gov/retirement-center
- Code of Virginia, § 20-107.3. Equitable distribution of the marital share of pensions and retirement benefits. law.lis.virginia.gov/vacode/title20
Federal and state rules verified as of June 2026. Pension division involves federal deadlines; confirm current agency requirements before filing.
Frequently Asked Questions
Can my spouse get part of my military pension in a Virginia divorce?
Yes. Under the Uniformed Services Former Spouses’ Protection Act, a Virginia court may treat the disposable retired pay earned during the marriage as marital property and award a share to the former spouse. Only disposable retired pay can be divided, and VA disability compensation is excluded. The share is based on the marital portion of the pension.
What is the 10/10 rule?
It means that if you were married for at least ten years overlapping at least ten years of creditable service, DFAS can pay the former spouse’s share directly. It only controls who issues the payment, not whether a share is owed. A court can still award a share when the marriage is shorter; the payment then comes from the member.
What happens to the pension if my former spouse dies?
The payments normally stop at the retiree’s death unless survivor coverage is in place. For military pensions, that means former-spouse Survivor Benefit Plan coverage, with a deemed election filed with DFAS within one year of the decree. For federal civilian pensions, the court order must award a survivor annuity through OPM. Without it, the income ends.
How is a federal civilian pension or TSP divided?
A FERS or CSRS pension is divided through a Court Order Acceptable for Processing handled by OPM, which can also grant a survivor annuity if the order says so. The Thrift Savings Plan is divided through its own retirement benefits court order, not a private QDRO. Each benefit has its own form, and the right one must be used.
Does VA disability pay get divided in a divorce?
No. VA disability compensation is excluded from disposable retired pay and cannot be divided as marital property. Because a member can waive taxable retired pay to receive VA disability, that waiver can shrink the divisible amount. It is important to understand this before agreeing to a share, so the number you negotiate reflects what is actually divisible.
When You Are Ready
Let’s protect your pension and your deadlines.
Tell me about the service or federal career involved, and I will help you divide it correctly and on time. The first call is a conversation, not a commitment.