Military divorces have the potential to be more complicated than civilian divorces. Unique factors, including regular relocations and military benefits, can leave people very confused about what to expect from the divorce process when one spouse serves in the military. Questions about the property division process and also military benefits are relatively common when service members or their spouses start preparing for divorce.
What do service members and their spouses need to know about distribution of resources and access to military benefits if a divorce occurs?
State law governs property division
Many people mistakenly believe that military rules govern military divorces. However, divorce is a civil process that takes place in state courts. Those currently living in Illinois are typically subject to the state’s equitable distribution rule when dividing their resources.
Assets earned during the marriage, including military pension benefits, are theoretically subject to division during a divorce that occurs in Illinois. Spouses may need to negotiate with one another to reach an agreement on how to address their property and debts. If they do not agree, then an Illinois family law judge can apply state statutes to the marital estate.
What happens with military benefits?
Typically, non-military spouses lose their military benefits when the marriage ends. However, there are a few exceptions to that rule. First and foremost, a non-military spouse may receive a portion of a military pension during the property division. They may even be eligible for direct distributions from the Defense Finance and Accounting Service (DFAS) if the marriage lasted at least 10 years and the service member served 10 years during the marriage.
Occasionally, non-military spouses may also be eligible for certain other benefits after a divorce. They may be able to retain commissary, theater, exchange and TRICARE medical benefits. Generally, access to military benefits after divorce is only available if the marriage lasted for at least 20 years and the service member had 20 years of qualifying service during the marriage.
People who are on the cusp of a military divorce may need assistance reviewing their circumstances to evaluate their eligibility for benefits. Reviewing one’s marital estate, including the value of a military pension, with a skilled legal team can also help people estimate what support they can secure after a military divorce in Illinois.
