How Military Pensions Are Divided in Divorce –
“Will My Ex Get Half My Military Pension?”
This is one of the biggest fears for service members facing divorce. The short answer?
“It depends—but yes, they might.”
Here’s how military pension division actually works in California divorces.
1. California’s Community Property Rule
Since CA is a community property state:
Any pension earned during marriage is considered joint property
The court typically divides it 50/50 (but not always)
2. How the Division Works
Step 1: Determine the “Marital Portion”
– If you served 20 years total, but only 10 during marriage, then 50% of your pension is marital property.
Step 2: Apply the Court’s Percentage
– A judge may award your ex up to 50% of the marital portion (so in the example above, 25% of your total pension).
Step 3: Implement with a QDRO
– A Qualified Domestic Relations Order (QDRO) is required for DFAS to split payments.
3. Key Factors That Affect Division
– Length of marriage (10/10 rule helps with direct payments)
– Your ex’s financial needs (disability, childcare, etc.)
– Other assets traded (e.g., keeping your pension but giving up the house)
4. Protecting Your Pension
Negotiate alternatives (lump-sum buyouts, other assets)
Argue for a lower percentage if your ex has their own retirement
Ensure proper QDRO drafting (mistakes can cost you later)
Don’t Leave Your Retirement to Chance
Pension division is one of the most complex parts of military divorce. We’ve helped hundreds of clients protect their hard-earned benefits. Contact us now.
