Does the concept of marital portion apply to military retired pay upon divorce?

Yes, a court divides only that portion of the retired pay deemed marital. Let’s say, a military couple divorce after 10 years of marriage and at the end of his 20-year service career. Ten years of his retired pay -- the time he was in the military but before he married -- is his separate property.

Retired pay earned before a marriage and after a separation is separate property, and not more than half of the retired pay may be divided.