How Can I Protect Military Benefits in a Divorce?

 Posted on November 30, 2023 in Divorce

IL divorce lawyerGoing through a divorce is like navigating a stormy sea, filled with emotional turbulence and financial challenges. The unraveling of what was once a shared vision of the future introduces a wave of uncertainties, particularly in the realm of finances. It goes beyond the immediate concerns of possibly drastic changes in monthly income and for some people, military benefits for spouses. The journey becomes even more intricate due to the notable divorce rate among military couples, where an estimated 20,000 divorces occur annually. If you are a military spouse it is important that you understand the complexities of not only ending a marriage but also the intricacies of military-related benefits. You need a skilled divorce Illinois attorney to help you sort it all out.

How Are Military Pensions Divided?

When it comes to splitting military pensions during a divorce in Illinois, it is different from regular pensions. It depends on where you file for a military divorce. In Illinois, the state can only decide how the military pension gets divided if:

  • The military person lives there.
  • The military person is a legal resident there.
  • The military person agrees to let the state decide.

If these things do not happen, the state cannot say how the military pension should be divided. So, having a good divorce lawyer who knows about these things is super important.

What Is the 20-20-20 rule?

After the divorce, keeping military benefits in Illinois depends on the 20-20-20 rule which works something like this: if the military member served for at least 20 years, the couple was married for 20 years, and there is a 20-year overlap of military service and marriage, then a former spouse can still get military benefits after the divorce. If you are going through a divorce, especially if you are somehow connected to the military, it would be recommended that you talk to a divorce lawyer who knows their stuff. They can help protect your rights and figure out all the details about military benefits. The last thing you want is to lose some very important benefits that you are rightfully entitled to.

Schedule a Free Consultation with a Kane County, IL Divorce Lawyer

If you are in Illinois and need legal help with your divorce, especially if you or your spouse is in the military, reach out to an experienced St. Charles, IL divorce attorney. Call Shaw Sanders, P.C. at 630-584-5550 for a free consultation and see how they can help.

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