Is a DFAS Account a Pension? How Military Retirement Is Divided in Divorce in Columbus, Ohio

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If you’re going through a divorce in Columbus and one spouse served in the military, you’ve probably heard the term “DFAS account.” Here’s the short answer: Yes—what people call a DFAS account is usually a military pension. But dividing it in a divorce—especially in Franklin County or surrounding Central Ohio courts—is not as simple as splitting a 401(k). There are federal rules layered on top of Ohio law, and if it’s not handled correctly, you can lose a significant portion of what you’re entitled to.

What Is a DFAS Account?

DFAS (Defense Finance and Accounting Service) is the agency that pays military retirement benefits.

So when someone says “DFAS account,” they’re usually referring to:

Military retired pay (a pension)
Sometimes Survivor Benefit Plan (SBP) rights

This is different from a Thrift Savings Plan (TSP), which is more like a 401(k) and gets divided separately.

Is Military Retirement Marital Property in Columbus, Ohio?

Yes—but only the portion earned during the marriage. Ohio courts, including those in Franklin County Domestic Relations Court, treat military retirement like a pension and typically apply a coverture formula: Years of service during marriage ÷ Total years of service = Marital portion That marital portion is then divided—often equally, depending on the case.

Example:

20 years of total service
10 years during the marriage
Marital portion = 50%
Spouse receives 50% of that = 25% of the total pension

The 10/10 Rule (Common Misunderstanding)

You may hear about the “10/10 rule.” Here’s what it actually means:

If you were married at least 10 years overlapping with 10 years of military service → DFAS can pay the ex-spouse directly
If not → the service member pays the ex-spouse directly

Important:This rule does not determine whether the pension can be divided. It only affects how payments are made.

You Need a Special Order (Not a QDRO)

Military pensions are not divided using a QDRO. Instead, your divorce decree must include DFAS-compliant language (often referred to as a Military Pension Division Order). If the language is wrong—even slightly—DFAS will reject it. This is one of the most common (and expensive) mistakes we see.

The Biggest Issue People Miss: Survivor Benefit Plan (SBP)

This is where things go sideways in a lot of divorces.

The Survivor Benefit Plan (SBP):

Pays the former spouse if the service member dies
Must be specifically awarded in the divorce decree

If SBP is not addressed:👉 Payments usually stop when the service member dies

That can wipe out what was supposed to be a long-term asset.

What About VA Disability?

This is another major issue.

VA disability benefits are NOT divisible in divorce
If the service member later elects disability pay, it can reduce the retirement pay

That means:👉 The ex-spouse’s share can shrink after the divorce

In Columbus-area cases, we often address this with:

Indemnification language
Or structuring spousal support to offset the risk

How Courts in Columbus Typically Handle It

In most Franklin County divorce cases, military retirement is handled like this:

Use a coverture formula (not a flat dollar amount)
Divide only the marital portion
Include DFAS-compliant language
Address:
- Direct payment eligibility (10/10 rule)
- Survivor Benefit Plan (SBP)
- Disability offsets