Divorce is never easy, but they may be additional complications if you are in the military or receiving military retirement pay. First, find out how divorce can affect your military retirement pay and related information below. Then, contact our Illinois divorce attorneys at Gordon & Perlut, LLC, if you have questions.
When property is divided in a divorce, and one or both spouses are in the military, the same rules apply to non-military spouses. But there is an exception. The Uniformed Services Former Spouse Protection Act details how military retirement pay is divided in a divorce. In most cases, the former military spouse only gets part of the spouse’s military retirement pay. In addition, you must have been married for at least 10 years, and the spouse must have been on active duty during the marriage.
If the 10-year requirement is met, the military will send part of the member’s retirement pay to the spouse. If the 10-year rule is unmet, the military is not involved in the situation and will send full retirement pay to the military member.
Another issue is military benefits, such as Tricare insurance. The spouse may want this insurance to continue after the divorce, but for this to happen, the spouses must have been married for at least 20 years of the member’s time in the military.
Being an active military member makes it challenging for the person to be the primary parent after divorce. However, even though the military member is serving the nation, the court must consider the child’s best interests when setting up parenting time and decision-making. So, the active-duty member’s ability to have time for the child will be a significant factor when child custody is decided.
However, the person in the military will receive considerable flexibility from the court when requesting time with the children when they are not on active duty. The member must seek flexibility in the Allocation of Parenting Time and Parental Responsibility agreement to allow for time when they will give notice to the other party that they are on military leave. Therefore, they will use some of their parenting time for that leave.
If you seek child support from someone in the military, the amount you get cannot be more than 60% of the person’s pay and allowances. The family court will review the same factors as in non-military divorces regarding child support.
A common issue for families with one or more spouses in the military is where to file for divorce. If you are in the military and are deployed, there are several options:
Military life can be difficult for families, and divorces are not uncommon. If you are considering divorce and have military retirement pay, you should speak to an attorney to ensure the best-case result. Our Illinois divorce attorneys at Gordon & Perlut, LLC, can help with your military retirement pay and divorce questions. Contact our Illinois divorce lawyers now at 312-360-0250.