The 10-year requirement applies only to military retirement pay paid directly by the military finance center to the former spouse. Virginia appellate  courts have stated while a 10-year marriage is a condition for direct payment, failure to meet the 10-year requirement does not bar the court's division of a spouse's military retirement pay. Cook v. Cook , 18 Va. App. 726, 446 S.E.2d 894 (1994).

Likewise, the Court have held that even if the military personnel has not served 20 years and is not fully vested, not mean that the spouse is excluded. Like any pension, the military pension is a deferred compensation and can be includable for consideration in a divorce. Similarly, The marital estate for purposes of dividing the pension, includes only that portion of a military pension which is earned during the marriage.

Military pensions are tricky and you need to talk to a qualified domestic relations
attorney who can better assist you.