When can a divorced spouse collect a military pension?

Pensions do not fall under the 20/20/20 rules. This is because a pension is often considered a “marital asset” and the court will determine how much of the pension to divide. As a result of the Uniformed Services Former Spouses’ Protection Act, if a couple was married for at least 10 years during active service, the former spouse can automatically receive a portion of the servicemember’s retirement benefits as part of spousal support.