Protecting Your Military Benefits
During Divorce
Military divorce operates under different rules. The Uniformed Services Former Spouses' Protection Act (USFSPA), 20/20/20 rule, and SBP survivor benefits require an attorney who understands the military legal landscape.
Why Military Divorce is Different
- USFSPA Jurisdiction: Federal law determines if an Illinois court can even divide your pension.
- The 10/10 Rule: DFAS will only pay the ex-spouse directly if there were 10 years of marriage overlapping 10 years of service.
- BAH & BAS Support: Calculation of child support includes non-taxable allowances like Basic Allowance for Housing.
- Survivor Benefit Plan (SBP): A critical, often overlooked asset that must be elected within one year of divorce.
The "Frozen Benefit" Rule
For members still serving, the pension share is "frozen" at the rank/years of service at the time of divorce—not retirement. Many civilian attorneys miss this, costing the service member thousands or over-promising to the spouse.
Serving Great Lakes Naval Station Families
Whether you are deployed or stationed at Great Lakes, I can handle your case remotely using secure, military-grade encrypted communication.
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