Probably. The common myth is that a military spouse is not entitled to share in the member’s retirement until they have been married for a period of ten years that overlaps service for a period of ten years (the 10/10/10 rule). This is not true! The truth is that military retirement benefits (pension only and not VA benefits) are divisible in a divorce. Period. There is no minimum time that you have to be married. The 10/10/10 rule only comes into play when determining how the spouse will receive his/her share of the benefits. DFAS will only pay the spouse’s share directly to the spouse if they meet the 10/10/10 requirement. One of the factors a Kansas court uses to determine a fair, just, and equitable division of property is the length of the marriage. Typically, the division is based on the length of the marriage and the spouse receives 50% of only the marital portion, which is determined by a fraction that is number of months of the marriage during service over the number of months of service. Recent changes to the definition of disposable military retirement pay enacted in 2018 make this analysis a bit more complicated than that, which is one reason it is very important to have an attorney with knowledge of military benefits!