# A question about military pensions.



## Geezerette (Nov 12, 2022)

A few years ago I ran into an old friend I grew up with, hadn’t seen in long time, 20+ years Air Force officer vet. He told me he and his wife were separated but he didn’t want a divorce because he would legally have to give her half his pension.
Then met another retired officer Navy vet who is separated from his wife who he is still supporting (she lives  mostly in Europe now) . Can’t help wondering if that’s his situation too.
So couldn’t help but wonder if there is some law or regulation about military spouses getting a cut of the pension in a divorce, regardless of what other property divisions are made?


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## Feelslikefar (Nov 12, 2022)

A divorced spouse of a Service Member can recieve a portion of the Military Retirement.
Known as the '10/10 ' rule, it states in a nutshell, if you were married for at least ten years
and the member served 10 years or more, the spouse can be awarded a portion of the retirement.

This became law in 1982.


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## Geezerette (Nov 12, 2022)

Thank you Feelslikefar! I know both situations would be  10 +10 and then some.


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## Feelslikefar (Nov 12, 2022)

You are welcome.  On a side note, a percentage of the military retirement can be paid to the surviving
spouse if the member elects to have a SBP ( Survivors Benefit Plan ).
You pay a percentage of your retirement pay every month. Max you can elect for them to receive is 55% of your retirement pay (each month) to be paid to your spouse after your death.
Most people I know who retired, op for the SBP.

I have it, just another way to make sure my surviving spouse is better taken care of, along with VGLI
(Veterans’ Group Life Insurance).

These programs are voluntary and you make the choice.


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## Skyking (Dec 16, 2022)

Feelslikefar said:


> You are welcome.  On a side note, a percentage of the military retirement can be paid to the surviving
> spouse if the member elects to have a SBP ( Survivors Benefit Plan ).
> You pay a percentage of your retirement pay every month. Max you can elect for them to receive is 55% of your retirement pay (each month) to be paid to your spouse after your death.
> Most people I know who retired, op for the SBP.
> ...


I think I'm correct in this.....But, it only applies to a widowed spouse. If the widower remarries, he/she loses the benefit.


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