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Special considerations for military divorce

On Behalf of | Oct 16, 2017 | Family Law |

Divorce is never easy, but it can be particularly complex when one or both parties are active duty military. While military divorces have a lot in common with civilian divorces, there are special factors unique to these Illinois families that could have a significant impact on the final divorce order.

If you are facing a divorce and you are in the military or your spouse is, you would be wise to seek experienced guidance from the very beginning of the divorce process. You know there are special challenges ahead, but it is still possible to secure a post-divorce future that is financially stable and allows you to have a strong role in the lives of your children.

The unique financial factors

Naturally, you are likely concerned with how your divorce will impact you financially. In a military divorce, parties must address military retirement accounts and pensions. Depending on the length of the marriage, it is possible that a non-military ex-spouse could be eligible for direct retirement payments.

Spouses who are ineligible for direct payment may still have a rightful claim to the military spouse’s retirement benefits. The rules governing military retirement accounts are complex, and there are multiple factors that determine what happens to this marital asset.

The unique custody-related factors

Child custody is never an easy issue, no matter the family. In a military divorce, various service-related issues could impact how custody and visitation works. Some of these issues include the following:

  • Current special duty assignments
  • Potential future deployments
  • Future relocations

Your family is unique, and you need a custody order that uniquely meets the needs of every individual in your family. The main priority in any custody assignment is to protect the best interests of the kids above all, but you always have the right to pursue an arrangement that also protects your parental rights.

Your best post-divorce future

While divorce is complex, you may find that you can secure terms that allow you to have a prosperous, peaceful post-divorce future. Whether you serve in the military or are married to a person who is, you have the right to know your options regarding fair property division and a reasonable child custody order.

You may find it beneficial to first seek an explanation of your options according to your unique situation. This is possible after a complete evaluation of your case, which could be a prudent step to take, even before you initiate the divorce process.


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