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Posts tagged "Military Divorce"

Blended Retirement System may complicate military divorce

23829773_S.jpgMilitary personnel in Illinois are likely aware of the Blended Retirement System set to go into effect in January 2018. The system will impact not only military retirement, but many other aspects of military life as well. According to a military family law attorney, the BRS may cause frustration and more work in military divorce cases.

Air Force has highest divorce rate of the branches

5769907_S.jpgMilitary life in Illinois carries high stress circumstances at times. Deployments, change of station moves and high operational tempo can all put pressure on a marriage and make divorce more likely. Of the branches of service, the Air Force has had the highest rates of divorce since 2011.

Military divorce rates differ for men and women

6568349_S.jpgFamilies 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.

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