There are special rules and requirements that apply to military divorces. Military couples seeking a divorce are not only subject to federal military law but also state laws in the state in which the filing spouse resides; or where the service person is stationed; or in the state in which a service member legally resides.
While military regulations determine how pensions will be divided or which court has jurisdiction in your case, property division, child custody and support issues are dependent on state laws so it is important to seek the help of an experienced military family law attorney who can help you navigate both military and civilian worlds.
Benefits Following a Military Divorce
With regard to healthcare following a military divorce, a non-military spouse will be entitled to COBRA health insurance for a period of three years if they do not remarry. Children of the marriage will continue coverage under the military member. Nonmilitary spouses may be entitled to indefinite coverage when married at least 20 years during military service.
Retirement Benefits in a Military Divorce
Military retirement benefits are subject to division in the event of a divorce. For example, marriages lasting at least 10 years (dependent on military service) are subject to the 10/10 rule which states that a former spouse can receive their court-ordered portion of the divided military retirement pay directly from the Defense Finance and Accounting Service. Marriages lasting 20 years or longer may entitle the nonmilitary spouse to full medical benefits and commissary privileges in addition to retirement pay.
Child Custody in a Military Divorce
Child custody issues and even child support can be more difficult to resolve in a military divorce due to prolonged deployments, changes of duty stations. It is important to work with an attorney who understand military and state laws to help you navigate custody and support issues effectively.
Contact Our Illinois Military Divorce Attorneys
If you are an active duty military member, or a spouse to a service member and have questions regarding an Illinois military divorce, contact the Illinois military family rights attorneys at Schlesinger & Strauss LLC for more information 847-680-4970.