Military retirement benefits can be one of the most valuable — and most misunderstood — assets in a divorce.
In this episode of Lawyers Without Billboards, Steve, Patty, Jimmy, and Alexa break down the fundamentals of military pensions, including the often-confused 10-10 Rule, how DFAS works, and what “High-36” really means.
They explain how military retirement differs from private-sector pensions, why the 20-year “cliff vesting” rule matters, and what can go wrong when attorneys draft unclear or incorrect pension language in settlement agreements.
Whether you're a service member, spouse, or attorney handling a military divorce, this episode provides practical insight into:
• How military pensions are calculated
• The difference between the old retirement system and the blended retirement system
• What the 10-10 Rule actually does (and doesn’t do)
• When DFAS will pay a former spouse directly
• Common drafting mistakes that create major problems later
• Why “pay me now or pay me later” applies to military pension division
Military pension division is nuanced, technical, and full of traps for the unwary. Getting it right matters.
⏱ Chapter Markers
00:00 – Introduction
01:00 – What Is a Military Pension?
02:30 – Cliff Vesting: The 20-Year Rule
04:30 – Active Duty vs. Reserve Retirement
07:00 – How Military Pensions Are Calculated (High-36 Explained)
10:00 – The Blended Retirement System vs. the Old System
13:30 – The 10-10 Rule: What It Actually Means
17:30 – When DFAS Pays the Former Spouse Directly
20:00 – Common Drafting Mistakes in Military Divorce
24:00 – Offsetting the Pension Instead of Dividing It
27:00 – Why Military Pension Language Must Be Precise
28:30 – Closing Thoughts
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🎙️ Hosts: Steve & Patty Shewmaker, Jimmy & Alexa Lewis
🎧 Watch here: https://youtu.be/qMYIukopyrc or listen on Spotify, Apple Podcasts, Google Podcasts, and more.
📩 Contact: [email protected]
| (770) 939-1939
🌐 Website: https://www.shewmakerandlewis.com
🎧 Podcast Library: https://shewmakerandlewis.com/lawyers-without-billboards
🎼 Music by Ben Hernandez – Dragonsong Productions
🎥 Produced by: Bleeding Edge, Inc.
🎬 Audio & Video Production: Rob Burgner
📍 Recorded at: Shewmaker & Lewis, Atlanta, GA