Military Divorce Calculator 2026 — How Is Military Retirement Pay Split?
Under the Uniformed Services Former Spouses' Protection Act (USFSPA, 10 U.S.C. §1408), state courts can treat military retirement pay as marital property divisible in divorce — and if the marriage overlapped with 10+ years of military service (the "10/10 rule"), DFAS will pay the former spouse's share directly.
Military divorces involve unique legal rules that apply on top of state family law. The USFSPA authorizes state courts to treat military retirement pay as marital property subject to division in divorce — but it does not require them to do so. Each state decides how military retirement pay is divided based on its own marital property laws (community property vs. equitable distribution).
For child support and alimony purposes, military pay is generally treated as income under most state formulas. This includes: basic pay (the primary base salary), BAH (Basic Allowance for Housing — generally included in most state income definitions), BAS (Basic Allowance for Subsistence — included in most states), special pay, hazard pay, and flight pay (typically included as income).
Military Pay Treated as Child Support Income (2026)
| Pay Component | Counted as Income for Child Support? | Subject to USFSPA Division? |
|---|
| Basic Pay | Yes — all states | Yes — primary retirement component |
| BAH (Basic Allowance for Housing) | Most states — yes | Generally not — ends at retirement |
| BAS (Basic Allowance for Subsistence) | Most states — yes | Generally not — ends at retirement |
| Special Pay / Hazard Pay | Yes — most states | If pensionable — check retirement formula |
| VA Disability Compensation | Yes (income) but not divisible | No — protected by Howell v. Howell (2017) |
| Military Retired Pay | Yes — as income | Yes — subject to USFSPA division |
Frequently Asked Questions
- How is military retirement pay divided in divorce?
- State courts use either community property (50/50 for marital portion) or equitable distribution (fair, not necessarily equal) rules. The marital portion is the retirement accrued during the marriage. The "coverture fraction" method is common: years of marriage during service ÷ total service years × retirement benefit = marital share.
- What is the 10/10 rule for military divorce?
- The 10/10 rule is a DFAS payment requirement — not a division eligibility rule. If the marriage lasted 10+ years overlapping with 10+ years of military service, DFAS will pay the former spouse's share directly. If not, the court can still divide the retirement, but the service member must pay the former spouse directly from their own account.
- Does BAH count as income for child support?
- In most states, BAH (Basic Allowance for Housing) is included as income for child support purposes. Some states exclude it or treat it as a housing expense allowance. Texas, for example, includes BAH as a net resource. Check your specific state's statute and case law, as treatment varies significantly.
- What is the coverture fraction for military retirement?
- The coverture fraction = (years married during military service) ÷ (total years of military service) × monthly retirement benefit. For example, if a service member served 20 years and was married for 15 of those years, the marital fraction is 15/20 = 75%. The former spouse would receive 50% of 75% = 37.5% of the monthly retirement payment in a community property state.
- Can I get TRICARE health insurance after a military divorce?
- The 20/20/20 rule applies: you must have been married for 20 years, the service member must have 20 years of creditable service, and there must be a 20-year overlap between the marriage and military service. If all three requirements are met, the former spouse retains full TRICARE coverage. The 20/20/15 rule provides a 1-year transition period for those with only a 15-year overlap.
- How does VA disability pay interact with military retirement in divorce?
- Under Howell v. Howell (2017), VA disability pay cannot be divided as marital property. However, if a retiree waives military retirement to receive tax-free VA compensation, the former spouse's USFSPA share is correspondingly reduced. Courts may address this through indemnification awards, equalization in other assets, or adjustments to alimony. Concurrent Retirement and Disability Pay (CRDP) can restore some of the retirement offset for qualifying retirees.
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