Military Retirement and Divorce in NV: What Spouses Need to Know

Divorce is rarely simple, but when one or both spouses are in the military, things get more complicated — especially when it comes to retirement. In Nevada, we work with many families stationed at or near Nellis Air Force Base, and one of the biggest concerns we hear is: “What happens to my military retirement if we divorce?”

It’s a fair question — and a critical one. Military pensions can be one of the largest financial assets in a marriage. Whether you’re the service member or the non-military spouse, understanding your rights is essential.

Why Military Retirement Is a Hot-Button Issue

Military retirement isn’t just a paycheck. It represents years of sacrifice, deployments, and service. For the non-military spouse, it often represents years of moving, job changes, and holding down the home front.

That emotional weight is part of why this topic causes stress — but it’s also legally complex. Nevada is a community property state, which means most assets acquired during the marriage are considered jointly owned. This includes military retirement, regardless of whose name is on the benefit.

Many spouses are surprised to learn that they may be entitled to a share of retirement benefits — even if the service member hasn’t started receiving them yet.

Understanding the 10/10 Rule (and What It Doesn’t Mean)

There’s a lot of confusion around the “10/10 rule.” Here’s what it really means:

• If the couple was married 10 years or more, and the service member served 10 years of creditable service during that time, DFAS (Defense Finance and Accounting Service) can send the retirement payments directly to the ex-spouse.

But here’s the key:

The 10/10 rule does not determine whether the ex-spouse is entitled to a share of the retirement — it only affects how it’s paid.

Even if you were married for less than 10 years, a Nevada court can still award part of the retirement to the non-military spouse — it just won’t be paid directly from DFAS.

How Nevada Courts Divide Military Retirement

In Nevada, military retirement earned during the marriage is usually treated as community property, and the court may divide it equally. That doesn’t always mean a 50/50 split of the full pension — just the portion earned during the marriage.

If you’re the service member, this might feel frustrating — especially if you served long before the marriage. If you’re the non-military spouse, you may worry about financial stability after the divorce.

Here’s what matters most in court:

• The length of the marriage
• How much of the retirement was earned during that time
• Whether the divorce is finalized before or after retirement begins
• Whether any waivers (e.g., for VA disability) reduce the pension payout

What You Can Do to Protect Your Rights

Whether you’re preparing for divorce or already in the middle of it, there are smart steps you can take to protect your future:

• Get legal advice early
  Don’t wait until the final hearing to understand your rights — military benefits are too important.
• Use a clear court order
  Vague divorce decrees cause problems. Be sure the retirement division is spelled out in detail.
• Plan for the long term
  Retirement benefits may not start right away, so make sure you account for that in your overall settlement.

Military divorces require careful handling — especially when retirement is on the table. A misstep could cost you thousands down the road.

We Know the Terrain — and the Law

At Smith Legal Group, we’ve helped many military families near Nellis Air Force Base navigate divorce with clarity and strength. We understand the sacrifices both spouses make — and how important it is to get this right.

Whether you’re just starting the process or need help modifying a decree that didn’t account for military retirement properly, we’re here to guide you.

Call us at 702-410-5001 to schedule your free consultation with a Nevada military divorce lawyer in our Henderson office.