“AV” Preeminent Rated Belleville, Illinois Military Divorce Law Firm
Consistent with Illinois property division laws, the federal government has enacted the Uniformed Services for Former Spouse’s Protection Act (USFSPA) which governs how military retirement benefits are calculated and divided at the time of divorce.
Military Protection from Illinois Divorce Law
Under the Soldiers and Sailors Civil Relief Act, and subject to the Illinois Courts, a divorce proceeding may be postponed for the time the active service member is on duty and for a period of time thereafter.
Residency Requirements in Regard to Illinois Military Divorce Proceedings
A Military member or spouse must reside in Illinois or a military member or spouse must be stationed in Illinois, in general. There are exceptions and pursuant to Local Court Rules.
Military Members and Dynamics of Military Divorce Proceedings
Illinois is an equitable distribution state, which means that marital property is equitable divided between spouses in a divorce proceeding and property acquired by either spouse during the marriage is considered marital property. There are some that suggest that service members should offer a lump sum amount in exchange for the spouse waiving retirement benefits that are to be paid until death.
Scott Air Force Base, Illinois, Military Divorce Attorneys
Our law firm has been handling military divorce cases, including in the Scott Air Force Base, Illinois area, for decades. We are an “AV” Rated Law Firm with experience and expertise in regard to issues involving dividing military retired pay during divorce, division of military retired pay before retirement and we have experience and expertise in regard to adoption, child custody, child support, asset division, prenuptial agreements and legal separations representing members of the United States Military, including those stationed at Scott Air Force Base, Illinois.