Understanding Divorce in the Military
Posted on January 24, 2019 in Divorce
There is no doubt military life is very different than the civilian world. Between training schedules, deployments, and frequent relocations, being in the military is not for everyone. On top of all of the pressures our servicemembers and their families face, the military community also deals with a high divorce rate. Members of the military often change over time due to the constant demands, and family members also evolve with the situation. It is not uncommon that after a few years, a couple realizes neither of them is the same person and they are no longer compatible.
If this situation resonates with you, first, know that you are not alone. Here is a look at the differences you face in a military divorce.
The Uniformed Services Former Spouses’ Protection Act
This act urges the military to accept Illinois state statutes for issues such as child support, spousal maintenance, and military retirement plans. Therefore, Illinois has the right to award retirement pay to a spouse or a soon-to-be former spouse. Although it is not guaranteed, the retirement pay can be distributed as either a fixed dollar amount or a percentage of disposable retired pay. To qualify, spouses must meet the qualifications of the “10/10 Rule,” which states the marriage must have lasted at least 10 years, and the service member must have served at least 10 years of the marriage performing eligible military duties.
The Servicemembers Civil Relief Act
This replaced the Soldiers and Sailors Civil Relief Act of 1940. The changes extended protection to active duty members of all branches of the military, reservists, and any members of the National Guard who are called up to action by either the President or Secretary of Defense for at least 30 consecutive days. The act covers a broad spectrum, including but not limited to court orders, repossessions, and eviction. The two most important to note are the protections related to family law, which include the stay of civil proceedings and relief from civil judgments.
Ask a Wheaton, IL Divorce Attorney
Military life comes with significant pressure and the military experience does not make the divorce process any more comfortable. Divorce can become complicated and extended based on your unique circumstances. If you or your spouse is an active duty service member and you are considering divorce, it is essential to contact a DuPage County military divorce attorney today. At Andrew Cores Family Law Group, we sympathize with your situation. We thank you for your dedication to our country and the sacrifices you make. Let us help you understand your rights and protections and guide you to the best decision for your family. Call us at 630-871-1002 to schedule a free and confidential consultation. We look forward to serving you.
Sources:
https://www.military.com/money/retirement/military-retirement/understanding-divorce-in-the-military.html
https://www.dfas.mil/garnishment/usfspa/legal.html
https://www.military.com/benefits/military-legal-matters/scra/servicemembers-civil-relief-act-overview.html
