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Military Divorce Archives

Federal law alters division of military retirement in divorce

48679364_S.jpgMilitary personnel in Illinois involved in a divorce should be aware of new requirements for submitting court orders regarding the division of military retirement pay to the Defense Finance and Accounting Service. The National Defense Authorization Act of 2017 authorized the changes, and failure to provide the required information to the accounting office will delay the distribution of benefits.

Veterans' benefits, child support and alimony

39482433_S.jpgIn Illinois, if a couple divorces and one of them is a veteran, the veteran's benefits may be used toward child support or alimony even though normally VA benefits cannot be seized. This is known as "family support", and multiple states in a number of different cases have ruled that this is an appropriate exception. In child support cases, disability may be considered as income.

The 20/20/20 rule for military divorces

50864636_S.jpgIllinois residents who are married to a member of the military and getting a divorce may wonder how their healthcare and other benefits will change. What happens after a divorce depends on the length of the marriage, how long a spouse has served in the military and the amount of time military service and marriage overlapped.

Military pensions and divorce

43943371_S.jpgIf you live in Illinois and are either married to a military service member or are one yourself, you may wonder about how the court will treat yours or your spouse's military pension in the asset division portion of your divorce. Under the Uniformed Services Former Spouses' Protection Act, the state's courts are allowed to handle military pensions as well as other retirement benefits in the property division portion of the proceedings.

The Uniformed Services Former Spouses' Protection Act

43636581_S.jpgAn Illinois divorce that involves a military spouse is different from a civilian divorce in many ways. One factor that comes into play in a military divorce is military retired pay. If a military spouse is receiving or expecting to receive military retired pay, the non-military spouse may be entitled to receive a portion of that benefit.

3 tips for getting through your military divorce

38310302_S.jpgDivorce is almost always complicated, but when one or both spouses are in the military, things tend to get even more difficult to sort out. Few civilians have to deal with the same complications in child custody and relocation, and then there is figuring out the division of military benefits.

U.S. military reports lowest divorce rate in 6 years

36086326_S.jpgReaders concerned about the divorce rate in the U.S. military will be interested to know that the rate has been trending downward for six years straight. The latest figures show that last year's divorce rate for service members dropped to 3 percent, down from 3.1 percent in 2014 and 3.7 percent in 2011.

How military law views divorce

10810970_S.jpgThough a career in the military can carry many benefits, it does not make you immune from divorce. Statistics suggest that the divorce rate among service members is slightly lower than among civilians. Nevertheless, people in the military do get divorced.

The federal law that protects divorcing active-duty soldiers

9965769_S.jpgThough it may not always live up to its promises, the federal government tries to honor the sacrifices made by members of the armed forces. In this spirit, Congress passed the most recent version of the Servicemembers Civil Relief Act (SCRA) in 2003. Formerly known as the Soldiers' and Sailors' Civil Relief Act, the law protects active-duty servicemembers from litigation.

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