Protect Your Pension and Benefits
Military divorce operates under federal rules (USFSPA) that override Illinois law. Don't let a civilian attorney mishandle your 20/20/20 benefits, SBP election, or TSP division.
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Serving Service Members From
Quick Answer: Military Divorce USFSPA Requirements
Under the Uniformed Services Former Spouses' Protection Act (USFSPA), Illinois courts can divide military pensions if the marriage lasted 10+ years overlapping 10+ years of service (10/10 Rule for direct DFAS payment). The 20/20/20 Rule grants full TRICARE and commissary benefits if married 20+ years during 20+ years of service. Survivor Benefit Plan (SBP) election must occur within 1 year of divorce—missing this deadline is permanent.
Attorney Jonathan D. Steele, Esq. handles military divorces for service members at Great Lakes Naval Station, Scott AFB, and Rock Island Arsenal.
Why Standard Divorce Attorneys Fail Military Clients
The "Frozen Benefit" Mistake
Civilian attorneys often draft orders dividing the pension based on the "time of retirement." This is wrong. Under the NDAA 2017, the pension share for active duty members is "frozen" at the rank and high-3 pay at the time of divorce. Failing to calculate this correctly can cost the service member (or the spouse) hundreds of thousands of dollars.
Miscalculating Child Support (BAH/BAS)
Illinois guidelines calculate support based on "net income." But military allowances like BAH (Housing) and BAS (Subsistence) are non-taxable. If your attorney simply plugs your LES gross pay into a calculator, the support figure will be legally incorrect.
Forgetting the SBP
The Survivor Benefit Plan (SBP) ensures the pension continues if the service member dies. It is not automatic. It must be specifically elected within one year of the divorce decree. Once that deadline passes, the benefit is lost forever.
Military-Specific Legal Services
Pension Division Orders
Drafting and qualifying Military Pension Division Orders (MPDO) acceptable to DFAS.
Deployment Custody
Family care plans and temporary custody modifications during overseas deployment.
SCRA Protection
Invoking the Servicemembers Civil Relief Act to stay proceedings while you serve.
Common Questions
What is the 20/20/20 Rule?
If you have been married for at least 20 years, the service member served for at least 20 years, and those two periods overlapped by at least 20 years, the former spouse is entitled to full TRICARE medical benefits and exchange/commissary privileges for life (unless they remarry).
Can I get a portion of the VA Disability?
Generally, no. Federal law (Howell v. Howell) prohibits states from treating VA disability waiver as marital property. However, this reduction in disposable retired pay may be grounds to adjust spousal maintenance (alimony).
Do I have to be in Illinois to hire you?
If the divorce is filed in Illinois (often Lake County for Great Lakes personnel), I can represent you regardless of where you are currently stationed. We use secure video conferencing and encrypted document portals for deployed clients.
Stop Worrying About Your Benefits
Get a clear assessment of your rights under USFSPA and Illinois law. No jargon. No judgment. Just a plan.