O’Fallon Military Divorce Attorneys Helping Active-Duty Members And Military Spouses
Divorce is challenging for any family. However, military life adds layers of complexity that most civilians would never anticipate. At Bruckert, Behme & Long, P.C., we understand what makes your situation different. Since 2002, our firm has served families throughout the Metro East region. We know that military service demands sacrifice, and we approach each case with the respect and sensitivity your family deserves.
Whether you are stationed at Scott Air Force Base, deployed overseas or married to someone who is, we build our strategies around your specific circumstances. When possible, we pursue amicable resolutions. But when necessary, we are prepared to litigate.
What Makes Military Divorce Different From Civilian Divorce In Illinois?
In a civilian divorce, only state law applies. Military divorce, however, must comply with both state laws and federal laws such as the Uniformed Services Former Spouses’ Protection Act (USFSPA) and the Servicemembers Civil Relief Act (SCRA). The USFSPA controls the division of military retirement pay, and the SCRA provides legal protections for active-duty members during court proceedings.
Are Military Retirement Benefits Divided In Divorce?
Yes, Illinois courts consider military retirement pay as marital property under the USFSPA. Military retirement pay division typically depends on how many years of your marriage overlapped with your creditable military service. For example, if you served 20 years but were only married during 10 of those years, the court considers only the portion earned during the marriage as marital property.
For your former spouse to receive payments directly from the Defense Finance and Accounting Service, your divorce order must meet specific federal requirements and you must have been married for at least 10 years during 10 years of service. You will also need to address the Survivor Benefit Plan (SBP), which determines whether your ex-spouse receives ongoing benefits if you pass away.
Are You Still Eligible For TRICARE After Divorce?
This is a question often asked by the civilian spouses of service members. It depends on how long you were married and how much of that time overlapped with military service. If you meet the 20/20/20 rule, you can keep full TRICARE benefits. This means you were married for at least 20 years, your spouse performed at least 20 years of creditable service, and those 20 years overlapped.
Under the 20/20/15 rule, you may qualify for transitional TRICARE coverage for one year if your marriage overlapped 15 years of service. If you do not meet either standard, you will lose TRICARE eligibility and need to secure private health insurance.
What Are The Rights Of Active-Duty Members Under The SCRA?
The SCRA ensures you have a fair opportunity to participate in decisions about your children, your property and your financial obligations. If your military obligations prevent you from attending court hearings or responding to divorce filings, you can request a stay, which temporarily pauses the case. This prevents the court from entering a default judgment against you simply because you could not appear.
How Is Military Pay Included In Illinois Support Calculations?
Illinois courts include all forms of military compensation when calculating child support and spousal maintenance. This includes:
- Your base pay
- Basic allowance for housing
- Basic allowance for subsistence
- Other regular pay
The court uses the total income to determine what you owe in support or what you should receive if you are the lower-earning spouse. Support payments can be automatically deducted from one’s military pay and sent directly to the non-military spouse.
Can Deployment Affect Child Custody?
Yes. Illinois law specifically considers deployment and military obligations when determining parenting time arrangements. Courts must review your military family-care plan, which outlines who will care for your children during deployment. The law also allows you to designate a trusted family member or friend for substitute visitation while you are deployed. This can help maintain your child’s relationship with your side of the family even when you cannot be present.
At Bruckert, Behme & Long, P.C., we work to create parenting plans that are realistic given the demands of military service, while also prioritizing your children’s stability and your ongoing relationship with them. If you receive new orders or face reassignment, we can help modify your parenting plan to reflect changed circumstances.
Talk To An O’Fallon Family Attorney Today
Military divorce involves legal issues that most families never encounter. Our O’Fallon military divorce attorneys are here to provide clarity, answer your questions and advocate for your future. Call us at 618-589-1152 or send us an email to schedule a consultation and discuss your situation.