How Is an Illinois Military Divorce Different?

 Posted on November 05,2024 in Divorce

According to Census Bureau data, those in the military have the highest divorce rate of any career field, at roughly 4.8 percent. When one or both spouses are members of the Armed Services and a divorce is at hand, there are extra challenges. Female service members have an even higher rate of divorce, at 7.4 percent. These divorce rates compare to the "average" divorce rate of 2.5 percent.

One cause of military divorce could be that service members tend to marry at a younger age than the general population, with more than half of our troops married before they turn 25. If you or your spouse are an Armed Services member, there are unique issues associated with a military divorce. Having an experienced Will County, IL divorce attorney from Law Office of Ronald L. Hendrix, P.C. can help you get through this difficult time with the best possible outcome.  

Military Divorce Jurisdiction in Illinois

Determining jurisdiction over a divorce is usually straightforward because one spouse files in the county of the state where he or she (and probably both) reside. However, military members often reside temporarily in one place while having another as their "official" residence, which can make determining jurisdiction much more difficult. This means there are three options for military couples when filing for divorce:

• The state of the spouse filing for divorce can have jurisdiction.
• The state where the military spouse is stationed can have jurisdiction.
• The state where the military member claims legal residency can have jurisdiction.

A family law attorney can best determine which state will have jurisdiction. If the non-military spouse lives in Illinois or the home state of the military member is Illinois, then Illinois could have jurisdiction.

How Are Marital Assets Divided During a Military Divorce?

The division of military retirement is often a highly litigated area of military divorce during the division of assets. Former military spouses may also request a continuation of military benefits since these benefits are generally very good. Under the USFSPA (Uniformed Services Former Spouses’ Protection Act), there is a 10/10 rule regarding retirement.

The 10/10 rule applies in marriages that have lasted for ten of the years one spouse served in the armed forces under active duty (10 years of service/10 years of marriage). If the 10-year requirement has been met, then the Defense Finance and Accounting Service will send a portion of the retired member’s retirement to his or her former spouse. If the 10-year is not met, DFAS will not be involved in the matter, and the full retirement will be sent to the military spouse.  

Another military rule is known as the 20/20/20 Rule and Continued Benefits. If a non-military spouse wants a benefit like Tricare insurance to continue after the divorce, the couple must have been married a minimum of 20 years of the military spouse’s time in the service (20 years of military service/20 years of marriage/20 years of marriage and service overlap). Other asset divisions follow Illinois equitable distribution laws.

How Are Parental Responsibilities Determined in a Military Divorce?

Since a parent on active duty may be required to move to another location, the allocation of parental responsibilities will reflect Illinois law if filed in Illinois. The military requires a Family Care Plan if any of the following situations exist:

• Parental responsibility for any minor child or children is shared with the other parent.
• A service member is a single parent with custody of a minor child.
• Both parents are service members and share custody of a minor child.
• The service member is a minor child's parent, and the other parent cannot care for the child.

Contact a DuPage County, IL Divorce Lawyer

Military divorce can be challenging, and you can benefit greatly from having a knowledgeable Naperville, IL divorce attorney. Attorney Ronald Hendrix is a court-appointed mediator who holds a degree in guidance and counseling in addition to his law degree. Contact Law Office of Ronald L. Hendrix, P.C. at 630-355-7776 to schedule your free consultation.