Lawyers Without Billboards

Military Pensions Explained: The 10-10 Rule, DFAS & High-36 | Lawyers Without Billboards S2 - Ep8

Shewmaker & Lewis Season 2 Episode 8

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0:00 | 29:16

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: pshewmaker@shewmakerandlewis.com
| (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