Military retirement gets divided in Virginia divorce cases more often than most service members realize, and the process is more technical than most attorneys who do not specialize in military cases understand. The stakes are high on both sides. For the retiree, the division of retirement pay is permanent. For the former spouse, a mistake in the court order can mean receiving nothing even when the decree says otherwise. Here is how it actually works in Virginia in 2026.
Quick Answer
Virginia courts can divide military retirement pay as a marital asset. The marital share is calculated using a coverture fraction: years of marriage during military service divided by total years of service. If the couple was married 10 years overlapping 10 years of service, DFAS can pay the former spouse directly.
The Legal Authority for Dividing Military Retirement
The Uniformed Services Former Spouses Protection Act gives state courts the authority to treat military retirement pay as marital property. Virginia’s equitable distribution statute governs how the division is structured. Neither law mandates a 50/50 split. Virginia courts divide military retirement based on what is fair given the full picture of marital assets, debts, and each party’s circumstances.
How the Coverture Fraction Works
The standard approach calculates the marital share of retirement using a simple fraction:
Marital Share = Years Married During Service / Total Years of Military Service
If a service member served 20 years and was married for 12 of those years, the marital share is 12/20, or 60%. The court then divides that 60% between the parties. Often that division is 50/50, meaning the former spouse receives 30% of the total retirement. But the court can deviate if equity calls for it.
The fraction has to be calculated from precise dates. Even a few months of error in the service start date or marriage date shifts the fraction, and that shift compounds over decades of monthly payments into real money.
The 10/10 Rule: When DFAS Pays Directly
DFAS can send the former spouse’s share directly to the former spouse, bypassing the retiree entirely. But this only works if the couple was married for at least 10 years while the service member served at least 10 years. That is the 10/10 rule.
When the 10/10 threshold is met, the former spouse submits the certified divorce decree to DFAS and receives monthly payments without any involvement from the retiree. When it is not met, the retiree has to make the payments. If they stop, enforcement requires going back to Virginia court. DFAS has no authority to collect from the retiree on behalf of the former spouse.
VA Disability and What Howell v. Howell Changed
In 2017, the Supreme Court ruled in Howell v. Howell that state courts cannot divide VA disability compensation as a marital asset. The problem is that many retirees waive a portion of taxable retired pay to receive non-taxable VA disability compensation. When that happens, the base retirement pay shrinks, and the former spouse’s calculated share shrinks with it.
If a service member retires, receives a 30% disability rating, and waives the corresponding portion of retired pay, the former spouse gets less than the decree anticipated and has no recourse under federal law. A disability rating increase after the divorce can push this further. Planning around potential future disability ratings in the original property settlement is one of the more important and frequently overlooked parts of military divorce negotiation in Virginia.
Legacy Retirement vs. the Blended Retirement System
Service members who entered after January 1, 2018 are in the Blended Retirement System. BRS combines a pension at a reduced multiplier with TSP contributions and a one-time continuation pay. Service members who entered before 2018 may have elected into BRS during the 2018 window or stayed in the legacy High-3 system.
BRS divorces involve two separate assets: the defined benefit pension and the TSP account. TSP requires a Retirement Benefits Court Order for division, which is different from a QDRO. Getting both instruments right in the same divorce decree requires knowing which system applies and how each division mechanism works.
The Military Pension Division Order
Military retirement is not divided by a standard QDRO. It uses a Military Pension Division Order that is submitted to DFAS. DFAS reviews every submitted order and rejects those that do not meet their requirements. Rejected orders mean no payments until a corrected version is submitted and approved, which can take months and requires another trip through the court process to get an amended order signed.
Generic settlement language that does not follow DFAS formatting requirements is a common source of these rejections. An attorney who handles military retirement division regularly will know what DFAS needs and write the order to pass review on the first submission.
Speak With Shawna L. Stevens PLLC
With more than 20 years in Virginia military divorce law, Shawna L. Stevens handles military retirement division and pension division orders for families throughout the Fredericksburg corridor, including service members at Quantico and Dahlgren. Call (540) 310-4088 or schedule a confidential consultation.