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Posts tagged "Military Divorce"

Military divorce rates differ for men and women

Families represent a critical support system for military personnel in Illinois, but not all marriages withstand the extra pressures of serving the country. The Pentagon tracks divorce rates among all service members and separates figures for men and women. In 2016, divorces among men in the military remained stable at 2.6 percent. Divorces among servicewomen, however, rose in 2016 to 6.6 percent from 6.2 percent in 2015.

Military divorce issues

44838961_S.jpgDivorce is often an emotional time for Illinois couples. Whether a case is legally challenging depends on a number of factors, including whether one or both spouses are serving in the military. While military divorces can be straightforward, it is important that all parties understand the laws and rules involved.

Military divorce in Illinois

42671839_S.jpgMilitary service members in Illinois who are wishing to divorce might need to be aware of how the process differs from those that solely proceed within the civilian arena. There are certain federal laws governing divorces, support issues, division of pensions and other relevant matters that are important.

Divorce for those who serve

44852046_S.jpgWhen Illinois couples decide to divorce, there are several issues that might need to be decided, including child custody, property division, and spousal and child support. These matters can become more complicated when either or both of the spouses are active-duty military members.

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.

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