Anderson & Boback Logo

Military Retirement Division

Published
Categorized as Military Divorce

MILITARY RETIREMENT:  Anderson & Boback tries a case in the Circuit Court of Cook County that has not been addressed by Appellate Court or Illinois Supreme Court:

When a member of the military earns points as a member of the Reserves, the division of retirement pay is different than the division of “regular” military retirement pay.

Illinois divides retirement that is accumulated by the passage of time by a certain formula known as the “Hunt” formula.   This allows the court to divide the retirement that was earned during the marriage.  If you earned a pension after working for 30 years for an organization and were married for 25 of those years, 25/30 (or 83.3%) of that pension is marital.  The court will consider 83.3% of the pension “marital” and divide that portion between the parties.

However, our firm recently represented a member of the Reserves who was in the military for 30 years and married to his former spouse for 25 of those years, he only earned 46% of the points during the married.  Our position was that the former spouse was not entitled to 50% of 83.3% of his retirement but only entitled to half of the 46% or 23% of the military retirement pay.

The Court ruled in our client’s favor and awarded the former spouse 50% of the points earning during the marriage and not 50% of the military retirement pay according to the “Hunt” formula.  The court pointed out in its ruling that this particular issue has not been addressed by Illinois Appellate courts or the Illinois Supreme Court.

Was this information helpful?

You May Also Like

What Is Child Support? Child support is the terminology used to describe the periodic or ongoing payments one parent makes to the other following a divorce to assist in raising their shared children. Child support is thus a combination of…

Wonder if your spousal maintenance is modifiable? This question was addressed in Scarp v. Rahman when the father in the case of sought to modify his maintenance obligation.  The trial court would not allow the modification so he sought an…

Birthdays are a big deal to kids - they usually get a party with their friends with cake, balloons, presents, and if they are lucky, a ball pit to jump into at Chucky Cheese! The day is all about them.…

Our firm represents a lot of military families and for the most part, handling a military divorce is just like any other divorce.  There are specific rules that need to be followed, however, and those parents in the military facing…

Changes to Spousal Maintenance Law in Illinois In 2019, a significant change in the tax code was made regarding maintenance, which resulted in spousal maintenance (formerly known as “alimony”, also known as “spousal support”) being tax-free to the recipient and…

Illinois has modified its statutes wherein parents are now allocated “parental responsibilities” and “parenting time” instead of “custody”.  The purpose of these changes was to try and give the parents less to fight over.  You can win “custody” but winning…

RECENT POST
Categories
Archives
Anderson & Boback small logo

Download our Divorce Planning Guide today!

Get the information you need to prepare for divorce with our free resource Guide to Planning for Your Divorce.

What our clients are saying

Schedule a Discreet Consultation Today!

    Firm Overview
    ANDERSON & BOBACK

    Anderson & Boback is a highly-respected, experienced Chicago family law firm, skilled in negotiation and litigation. When divorce and other family law issues make your life chaotic and uncertain, you want your case resolved as quickly and fairly as possible. Call Now 312-715-0870