# How Is a Military Pension Divided in a Utah Divorce? | Brown Family Law

A non-military spouse in Utah may be entitled to receive a share of the military spouse’s military pension as part of a divorce settlement. However, the military pension can only be divided by a judge in the military spouse’s state of residence. This means that if the non-military spouse wishes to receive part of the military pension, the divorce must be filed in the military spouse’s home state.

In some divorce settlements, a court may rule that the military pension should be divided between both ex-spouses by the Defense Finance and Accounting Service. Typically, this will happen if the marriage passes the “10-10 test.” A marriage will pass the 10-10 test if one spouse was on active duty in the military for at least 10 years of the marriage.

Get Clear Guidance for Your Divorce

[Schedule a Consultation](https://www.brownfamilylaw.com/contact-us/)

If the requirement for passing the 10-10 test is met, DFAS will divide the military spouse’s pension checks between the two ex-spouses and mail a portion of the amount to each person. Even if the marriage does not pass the 10-10 test, however, a court may still rule that the military pension should be divided. In this type of situation, the military spouse will be the one responsible for mailing the monthly portion of the military pension to their ex-spouse.

A Calmer, Clearer Way Through Divorce

[Talk to Our Team](https://www.brownfamilylaw.com/contact-us/)

Information about how the military pension is divided during a divorce may be helpful for a spouse whose marriage is close to meeting the 10-10 test requirement. Depending on the situation, it may be beneficial for a divorcing spouse to either delay or speed up the divorce proceedings when a military pension is involved. Because there are an innumerable amount of variables, the information about military divorce that is presented in this blog is not meant to be confused with divorce advice.

**Source: **State Side Legal, “[Divorce In Military Families – How It’s Different & What You Need To Know](https://www.statesidelegal.org/divorce-military-families-how-it-s-different-what-you-need-know)“, September 29, 2014

Military Divorce Blog Posts:    [![Understanding the Impact of a Divorce on Military Families](https://www.brownfamilylaw.com/wp-content/uploads/understanding-the-impact-of-a-divorce-on-military-families-300x200.jpg)](https://www.brownfamilylaw.com/blog/understanding-the-impact-of-a-divorce-on-military-families/)

### [Understanding the Impact of a Divorce on Military Families](https://www.brownfamilylaw.com/blog/understanding-the-impact-of-a-divorce-on-military-families/)

The sacrifices made by service members and their families are rarely known or understood by people outside of the

[![Special Considerations for Military Divorces](https://www.brownfamilylaw.com/wp-content/uploads/special-considerations-for-military-divorces-300x200.jpg)](https://www.brownfamilylaw.com/blog/special-considerations-for-military-divorces/)

### [Special Considerations for Military Divorces](https://www.brownfamilylaw.com/blog/special-considerations-for-military-divorces/)

Military couples that are getting divorced face unique challenges. After the decision to get divorced is made, the

[![Service Members and Spouses - Rights Under USFSPA](https://www.brownfamilylaw.com/wp-content/uploads/service-members-and-spouses-rights-under-usfspa-300x200.jpg)](https://www.brownfamilylaw.com/blog/service-members-and-spouses-rights-under-usfspa/)

### [Service Members and Spouses - Rights Under USFSPA](https://www.brownfamilylaw.com/blog/service-members-and-spouses-rights-under-usfspa/)

Divorce, child custody and child support proceedings in Salt Lake County involving active duty and retired military

[![Military Members and the Divorce Process](https://www.brownfamilylaw.com/wp-content/uploads/military-members-and-the-divorce-process-300x200.jpg)](https://www.brownfamilylaw.com/blog/military-members-and-the-divorce-process/)

### [Military Members and the Divorce Process](https://www.brownfamilylaw.com/blog/military-members-and-the-divorce-process/)

Military members or their spouses living in Utah may need to understand the additional considerations they have when

---

Source: https://www.brownfamilylaw.com/faqs/how-is-a-military-pension-divided-in-a-utah-divorce/