Military pensions in Illinois divorces are divided under the Uniformed Services Former Spouses’ Protection Act (USFSPA) and Illinois equitable distribution laws.
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Understanding the Division of Military Pensions
Military pensions are often one of the most valuable assets in a divorce. The USFSPA allows state courts to treat military retirement pay as marital property, subject to division in a divorce. However, specific rules govern how and when these pensions can be divided.
Legal Context for Dividing Military Pensions
Key Federal Guidelines:
- USFSPA: The USFSPA gives Illinois courts the authority to divide military pensions as part of the marital estate.
- Direct Payments from DFAS: To receive direct payments from the Defense Finance and Accounting Service (DFAS), the marriage must have lasted at least 10 years, overlapping 10 years of military service (commonly known as the “10/10 rule”).
Illinois-Specific Considerations:
- Only the portion of the pension earned during the marriage is considered marital property.
- Courts apply equitable distribution principles to ensure a fair, though not necessarily equal, division.
Example Scenario:
If a service member served for 20 years, but only 10 years overlapped with the marriage, only 50% of the pension would be subject to division.
Steps to Divide Military Pensions
- Determine the Marital Portion
Calculate the portion of the pension earned during the marriage. - Draft a Court Order
A clear and detailed order, often called a Military Retirement Benefits Order (MRBO), is required to divide the pension. - Submit to DFAS
If eligible under the 10/10 rule, the MRBO is submitted to DFAS for direct payment to the former spouse. - Consider Survivor Benefits
Address whether the non-military spouse will be designated as a beneficiary under the Survivor Benefit Plan (SBP) to ensure continued benefits after the service member’s death.
How Attorneys Can Help
A family law attorney with experience in military divorces can:
- Ensure the division of the pension complies with federal and state laws.
- Draft a clear and enforceable court order to divide military retirement benefits.
- Advise on related issues, such as the Survivor Benefit Plan (SBP).
- Protect your financial interests during negotiations or court proceedings.
Need Help Dividing Military Pensions?
Call (630) 366-1760 to speak with a knowledgeable family law attorney. We’ll guide you through the complexities of dividing military pensions and protect your rights.
Disclaimer: This page provides general information and is not intended as legal advice. For personalized assistance, consult a licensed attorney.
