Military Divorce Lawyers in Chicago Helping You Protect Your Rights

If you and your spouse have decided to separate, filing for a divorce is likely your next step. However, if you or your spouse is a military servicemember, the divorce process may look slightly different than a strictly civilian divorce. Military divorces come with special rules and circumstances that can make navigating them a bit complex. Fortunately, with a military divorce attorney on your side, you can protect your assets and advocate for your wants and needs during the military divorce process.

Our team at Buchanan Law Group is here to assist you during this complex process. We are experienced in military divorce and can walk you through every step to ensure the process is just and fair. Whether you are a military spouse or a military servicemember, we can help. Call our office today at (312) 248-6170 for a free consultation and to learn more about our services.

What is Unique About a Military Divorce?

While military divorces are similar to civilian divorces, you must consider some special rules and regulations while going through the process. Not understanding these unique features can prolong the divorce process and cost you money. Fortunately, an experienced divorce attorney on our team can guide you through these features to ensure the process goes smoothly and quickly.

Some of the unique features of a military divorce include:

Timeline

Like other divorces, a military divorce starts with filing a petition for dissolution. However, filing requirements stipulate that the other spouse must respond by filing an answer with the court within 30 days. If that spouse does not file an answer, the petitioner can win a default judgment and get everything they asked for in their divorce papers.
Because active duty military members may be unable to file an answer within 30 days, federal law gives servicemembers up to 60 days after returning from duty to respond to a divorce petition. Plus, civil proceedings can be postponed for up to 90 days.

Residency

Generally, either spouse must be a state resident for at least 90 days before filing a divorce petition. However, being stationed in the state for 90 days or more counts as residency under Illinois law. Therefore, if you or your spouse are stationed in Illinois for 90 days, either one of you is eligible to file for divorce.

Property Division and Spousal Support

The court will look at each spouse’s income from all sources. Since military benefits come in many forms, including housing, a divorce lawyer from our team can analyze a servicemember’s Leave and Earnings Statement (LES) and factor that into the divorce.

Retirement pay and benefits can continue to be paid to a former spouse even after a divorce is finalized. Similarly, a civilian spouse can be designated as a beneficiary under the servicemember’s Survivor Benefit Plan.

What is a Military Spouse Entitled to in a Divorce?

Illinois is an equitable distribution state, meaning that the courts aim to reach balance and fairness in any property division during divorce.
Common assets that must be divided include:

• Vehicles, boats, and other property
• Bank accounts
• Real estate
• Investment portfolios
• Retirement accounts, including pensions

Just like a civilian divorce, spouses must come to an agreement on how these assets will be split during the divorce proceedings. However, there are special rules surrounding military pensions because they are subject to both state and federal law. Dividing military pensions can be complex, so having an experienced divorce attorney on your side is the best way to ensure the process is fair and just.

How Are Military Pensions Divided in a Divorce?

Under Illinois law, military pensions are treated as retirement accounts and can be divided during a spousal separation or divorce. Under the Uniformed Services Former Spouses Protection Act, ex-spouses can continue receiving pension money even after a divorce. This means that qualifying ex-spouses can receive a direct payment from the military long after a divorce.

However, not all spouses are entitled to their partner’s pension. Generally, the servicemember’s spouse will be awarded the portion of the pension that is classified as marital property or any contributions that were made during the marriage. The specifics of pension division are typically negotiated during the divorce process and can depend on the length of the marriage and the length of active duty.

What is the 10/10 Rule?

The 10/10 rule dictates how an ex-spouse’s portion of the pension is delivered after a divorce. If the spouse is found eligible, the 10/10 rule states they can collect retirement pay directly from the Defense Finance and Account Service (DFAS). To be eligible, the parties must have been married for 10 years, and during the marriage, the servicemember must have accrued 10 years of credible active service.

Similarly, the 20/20/20 rule states that if the marriage lasted 20 years or more, the servicemember has 20 years of service, and there are at least 20 years of overlap, then the former spouse can get benefits for a lifetime. If there are only 15 years of overlap, then the former spouse can get benefits for one year.

Should I Hire a Military Divorce Lawyer?

Going through a divorce can be a stressful and time-consuming process. Military families have more obstacles and regulations to get through during a military divorce. Whether you’re a military member or your spouse is, don’t hesitate to reach out. Our experienced team can guide you through the divorce process to ensure the process is fair and your rights are protected. Call Buchanan Law Group for a free consultation at (312) 248-6170.