Military Retirement Benefits and Divorce in Illinois

Sometimes its easy to get into the habit of treating everything acquired during the marriage as divisible marital property. After all, despite anti-alienation provisions and other historical road blocks, private pensions, 401(k)s, IRAs, municipal retirement plans and virtually every other type of retirement benefit can be divided in a divorce in Illinois. One way or another, it can happen. So it’s not hard to understand how some Illinois divorce lawyers might not understand the ins and outs of dividing military retirement benefits in a divorce in Illinois.

Its important to remember the supremacy of federal law. Therefore, if there is a conflict between state divorce laws and federal laws regarding military retirement benefits, the federal law controls. The federal law, in this case, is Uniformed Services Former Spouses