Understanding the 10-10 Rule in Military Divorce in South Carolina | Fender Law Firm

avatarby Addison Dowling FenderLast updated Feb 29, 2024Category: Military Divorce

Military divorces present unique challenges, especially when dividing assets and benefits accrued during service. Understanding the 10-10 Rule in South Carolina is crucial for individuals going through a military divorce. At Fender Law Firm, we specialize in guiding clients through the complexities of military divorce proceedings, including the 10-10 Rule implications.

What is the 10-10 Rule?

The 10-10 Rule refers to a provision in the Uniformed Services Former Spouses' Protection Act (USFSPA) that affects the division of military retirement benefits in divorce cases. According to this rule, if a couple was married for at least ten years during which one spouse served in the military, and the military member performed at least ten years of creditable military service, then the non-military spouse may be entitled to a direct payment of their share of the military retirement benefits from the Defense Finance and Accounting Service (DFAS).

Implications in South Carolina

In South Carolina, the 10-10 Rule has significant implications for divorcing couples, especially regarding property division. Military retirement benefits are considered marital property subject to equitable distribution in divorce proceedings. Therefore, if the 10-10 Rule applies, the non-military spouse may be entitled to a portion of the military member's retirement benefits.

Factors to Consider

Navigating the 10-10 Rule and its implications requires careful consideration of various factors, including:

  1. Length of Marriage: The duration of the marriage is a critical factor in determining eligibility for military benefits.
  2. Military Service: The military member must have completed at least ten years of creditable military service during the marriage for the 10-10 Rule to apply.
  3. Division of Assets: Military retirement benefits are just one aspect of asset division in divorce. Understanding how these benefits fit into the overall distribution of assets is essential.

How Fender Law Firm Can Help

At Fender Law Firm, we understand the complexities of military divorce cases and the nuances of the 10-10 Rule. We can help you navigate the intricacies of military divorce, protect your rights, and ensure you receive a fair division of assets, including military retirement benefits.


The 10-10 Rule is a crucial aspect of military divorce proceedings in South Carolina, impacting the division of retirement benefits for military couples. Understanding this rule and its implications requires the expertise of seasoned legal professionals. At Fender Law Firm, we are committed to helping individuals navigate the complexities of military divorce and secure favorable outcomes. If you're facing a military divorce, contact us today to schedule a consultation with our experienced attorneys. Let us guide you through this challenging time with compassion, skill, and dedication.

Contact Fender Law Firm today to learn how we can assist you with your military divorce case.

Addison Addison

Addison Dowling Fender

At the Fender Law Firm, my wife Tracy and I are keeping alive the Fender/Dowling tradition of providing honest and effective legal services to our clients.

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