Military Pensions in Divorce
If either spouse in a divorce case served in the military, the military pension may be the greatest asset. Here are some issues for servicemembers that you should discuss with an attorney you are considering hiring and before any settlement offers are made:
- Was I served properly? Federal law has specific rules for legal service of servicemembers.
- Should I fight jurisdiction? If you do not reside where the case is, there could be a legal advantage to objecting to jurisdiction.
- Can my spouse go after my pension when I haven’t earned it yet? You bet.
- Will my spouse get 50% of my pension? Your spouse could get more or less, there is no exact calculation.
- What if I am in the reserves? Your military pension can be a more complicated issue.
- What if I agree to give my spouse the survivor benefit plan? You will have to pay for this out of your retirement pay, and this can be costly.
- What if my spouse wants my life insurance? The court can require you designate all or a portion of your service members group life insurance plan to your former spouse.
It is crucial to hire attorneys with experience with military pensions.
Please contact the Family Law attorneys at Bruning & Associates, P.C. at 815-455-3000 to schedule your complimentary consultation to discuss military pensions.
Click here to learn more about Attorney Laura Inns.
*This article was written based upon military pensions in the context of Illinois law.