Illinois Military Divorce Calculator

Illinois divides military retirement as marital property under the USFSPA (10 U.S.C. § 1408) using equitable distribution principles from the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5). The frozen benefit rule calculates the former spouse's share based on the servicemember's pay grade and years of service at the divorce date, not at actual retirement. Courts typically award a percentage of the marital portion, often using the coverture fraction (years of marriage during service divided by total service years).

The 10/10 rule under USFSPA requires at least 10 years of marriage overlapping with 10 years of creditable military service for DFAS to make direct payments to the former spouse. This rule affects payment method only—not entitlement. Former spouses in shorter marriages may still receive their court-ordered share, but the servicemember must make payments directly rather than through DFAS garnishment. The maximum DFAS will pay directly is 50% of disposable retired pay.

TRICARE eligibility depends on the 20/20/20 or 20/20/15 rules, not Illinois state law. Under the 20/20/20 rule, unremarried former spouses receive lifetime TRICARE if married 20 years during 20 years of creditable service with 20 years of overlap. The 20/20/15 rule provides one year of transitional TRICARE coverage with only 15 years of overlap. After coverage ends, the Continued Health Care Benefit Program (CHCBP) offers up to 36 months of additional coverage at the former spouse's expense.

No. Federal law under 10 U.S.C. § 1408 exempts VA disability pay from division as marital property in Illinois or any state. The 2017 Supreme Court decision in Howell v. Howell prohibited states from ordering servicemembers to indemnify former spouses for VA waiver reductions. However, Illinois courts may consider disability income when calculating spousal maintenance and child support—it counts as income for support purposes, just not as divisible property.

Illinois accepts military divorce filings if the servicemember is stationed in Illinois for 90 days, maintains legal residency (domicile) in Illinois, or the civilian spouse resides in Illinois for 90 days under 750 ILCS 5/401. Servicemembers may also file in their state of legal residence or where the civilian spouse lives. Military members often maintain domicile in a different state than where stationed, so consulting with an attorney about which jurisdiction offers better protections is advisable.

Illinois includes Basic Allowance for Housing (BAH) as income when calculating child support under 750 ILCS 5/505. The landmark Illinois case In re: Marriage of McGowan (1994) established that all military allowances—including BAH and BAS—count toward income. Courts calculate support using the income shares model on total income, then may consider deviations. If a servicemember lives in on-base housing and receives no cash BAH, courts may impute a fair market housing value.

The Survivor Benefit Plan (SBP) provides the former spouse with 55% of the servicemember's selected base amount for life if the retiree dies first. Illinois courts may order SBP coverage as part of the divorce decree. The servicemember or former spouse must file DD Form 2656-1 within one year of the divorce order to elect former spouse coverage. Former spouses should file a 'deemed election' using DD Form 2656-10 to protect their interests if the servicemember fails to act.

Yes. The Servicemembers Civil Relief Act (50 U.S.C. § 3932) allows active-duty servicemembers to request a minimum 90-day stay of Illinois divorce proceedings if military duties materially prevent court appearance. The request requires documentation from the servicemember and a commanding officer's letter confirming military duties prevent attendance. Courts may grant additional stays at their discretion. SCRA protections extend 90 days after discharge from active duty and also prevent default judgments against servicemembers.