Federal + State Overlap
Divorce is state law, but military retirement and certain protections involve federal rules.
Military Divorce
Navigating Military Divorce: Your Legal Resource and Support
St. Charles - Edwardsville - O'Fallon - Granite City
What are my Legal Rights?
SCHEDULE CONSULTATIONMILITARY DIVORCE • USFSPA • SCRA • 10/10 RULE • MISSOURI + ILLINOIS
Military Divorce Lawyers in Missouri & Illinois
Military divorce has all the core issues of any divorce—property division, custody, child support, maintenance—but adds federal rules, military benefits, and real-world complications like PCS moves, deployments, and unpredictable schedules. Besserman Law represents clients in Missouri and Illinois, whether you are the service member or the spouse.
Educational content only. This page provides general information as of 2026 and is not legal advice.
Military divorce requires a case-specific plan.
What Makes a Military Divorce Different?
Military divorce is often more complex because state divorce laws intersect with federal statutes and military-specific benefit rules. A strong plan protects your rights, preserves benefits where possible, and keeps parenting schedules realistic when service obligations change.
Benefits & Retirement
Pensions, TSP, and survivor benefits may require specific language and timelines to protect eligibility.
Jurisdiction Issues
Where you can file may depend on residency, stationing, and consent—especially for the service member.
Deployments & PCS Moves
Parenting time must adapt to training, deployment, and relocation realities—without harming the child’s stability.
SCRA Protections
The Servicemembers Civil Relief Act can impact timing and default judgments when duty affects court participation.
Documentation Matters
Military pay, allowances, and retirement calculations require clean records and careful analysis.
Our approach
We translate complicated rules into a clear plan: where to file, what to protect, what to document, and how to structure custody and support in a way that holds up over time.
Where Can You File a Military Divorce?
Jurisdiction can be a major issue in military divorce. A service member may be stationed in one place, maintain legal residence in another, and have a spouse living elsewhere. The “right” filing location can affect timelines, support outcomes, and parenting plans.
Practical factors we evaluate
- State residency requirements and timing
- Where each spouse lives and where the service member is stationed
- Where children live and attend school (custody jurisdiction issues)
- Ability to serve paperwork and schedule hearings
- Protection of benefits and enforceability of orders
Why “where you file” matters
Filing in the right venue can reduce cost, avoid delays, and set a better framework for temporary orders—especially support and parenting time. It also impacts how quickly a case moves when deployments or training limit availability.
In many cases, there are multiple possible venues. Choosing the best one is strategy—not guesswork.
USFSPA and Military Retirement: What’s Actually Divisible?
The Uniformed Services Former Spouses’ Protection Act (USFSPA) is the federal framework that allows states to treat certain military retired pay as marital property and divide it in divorce—subject to specific rules.
Retired Pay as Property
Courts may divide the marital portion of disposable retired pay, depending on the facts and the state’s property rules.
Active Duty vs. Retired
If the service member is not yet retired, orders often address future division using a formula and service dates.
TSP and Other Accounts
Thrift Savings Plan and other retirement assets may be divided under plan rules with proper drafting.
Precision Drafting Matters
Military retirement language must be drafted carefully to be enforceable and avoid unintended outcomes.
Tax and Cash Flow
Retirement division should be evaluated with support, taxes, and total asset division—not in isolation.
Timing and Deadlines
Some benefits require action within specific windows. Missing deadlines can change what’s available.
Important: “Divided” doesn’t always mean “paid directly”
A court can award a share of military retirement, but direct payment rules are separate. That’s where the 10/10 rule comes in.
The “10/10 Rule” (What It Is—and What It Isn’t)
The 10/10 rule is one of the most misunderstood concepts in military divorce. It does not decide whether a spouse gets a share of retirement. It relates to whether payment can be made directly through the military pay system.
What the 10/10 rule means
If the marriage lasted at least 10 years and there was at least 10 years of overlap with creditable military service, the former spouse may be eligible to receive their awarded share of retirement via direct payment mechanisms (subject to rules).
What it does NOT mean
- It does not guarantee a spouse receives retirement.
- It does not prevent the court from awarding a share if the marriage was shorter.
- It does not replace state property division rules.
Eligibility, calculation, and enforceability depend on specific facts, the service timeline, and the language of the judgment.
Always treat this as a planning issue that requires precise drafting.
Servicemembers Civil Relief Act (SCRA): Timing, Defaults, and Protections
The Servicemembers Civil Relief Act (SCRA) provides legal protections when military duties materially affect a service member’s ability to participate in court. This can impact timing, continuances (stays), and default judgments.
Avoiding Default Judgments
Courts typically take additional steps before entering default against a service member on active duty.
Stays/Continuances
A stay may be available when duty prevents meaningful participation, depending on facts and compliance requirements.
Practical Strategy
Even with SCRA protections, planning matters. Coordination can reduce delays while protecting due process.
Don’t assume SCRA “stops” the divorce
SCRA can affect timing and procedure, but it doesn’t automatically prevent cases from moving forward—especially on temporary issues like parenting time and support.
Child Custody, Parenting Time, and Deployment Realities
Military families need parenting plans that work with real schedules—training, deployment, PCS moves—while keeping children stable. The best plans are specific, flexible in the right ways, and structured enough to reduce conflict.
Deployment Clauses
Plans can address notice, communication, temporary schedules, and post-deployment transitions.
Virtual Parenting Time
Clear expectations for calls/video, time zones, and access help preserve relationships during duty.
PCS and Relocation Planning
Relocation issues often require court approval or agreement—planning ahead matters.
Exchanges & Logistics
Drop-offs, travel costs, and holiday schedules should be drafted to avoid repeated disputes.
Best Interests Still Rule
Military status alone is not a “win” or “loss.” Courts focus on the child’s best interests and stability.
Protecting the Chain of Command
We aim to resolve family issues legally without unnecessary workplace disruption and exposure.
Support, Benefits, and Long-Term Planning (Including SBP)
Military pay can include multiple components (base pay, allowances, special pay). Support analysis should be accurate and grounded in documentation. Retirement-related benefits may also involve planning, including survivor benefit considerations.
Common support-related issues
- Defining income when pay includes allowances or variable components
- Child support based on parenting time + verified income
- Maintenance/alimony based on need, ability to pay, and statutory factors
- Allocation of child-related expenses (healthcare, childcare, activities)
Survivor Benefit Plan (SBP) basics
In some cases, SBP may be negotiated or ordered to protect long-term financial security tied to retirement benefits. SBP rules can be technical and timing-sensitive—so planning and precise drafting are essential.
Not every case involves SBP. Whether it’s appropriate depends on retirement status, overall asset division, and financial goals.
Missouri vs. Illinois: What Changes in a Military Divorce?
Federal rules (like USFSPA and SCRA) apply in both states, but the divorce framework—property division, support, and parenting rules—are state-specific. Here’s how we explain it to clients in practical terms.
Property Division
Both states generally follow equitable distribution. How marital vs. non-marital property is classified can differ by facts and documentation.
Support Framework
Missouri is often more fact-driven; Illinois commonly relies on guideline frameworks with discretion depending on circumstances.
Parenting Rules
Both focus on best interests, but the structure and terminology of parenting plans can vary by state.
Relocation Standards
PCS-related moves may trigger relocation rules and court approval requirements—details differ by state.
Court Procedure
Local county/circuit rules can affect timing, temporary orders, and required disclosures.
The “Same” Part
Documentation, precision drafting, and realistic parenting plans matter everywhere—especially with military schedules.
We serve both sides of the river
We represent clients in Missouri and Illinois, including matters involving military employers and families connected to installations such as Scott Air Force Base and Fort Leonard Wood.
Quick Questions About Military Divorce
Straight answers to common issues service members and spouses ask at the start of a case.
Does the 10/10 rule mean my spouse “gets my pension”?
No. The 10/10 rule is about whether direct payment through military pay systems may be available (subject to rules).
Whether and how retirement is divided depends on state property division law and the case’s specific facts.
Can divorce be delayed because of deployment?
The SCRA may provide protections that affect timing when duty materially affects court participation.
However, courts may still address temporary issues like parenting time and support to stabilize the situation.
How does deployment affect custody?
Courts generally focus on the child’s best interests and stability. A well-drafted parenting plan can include deployment provisions,
virtual parenting time, and post-deployment transitions to reduce conflict and protect the parent-child relationship.
Do allowances count as income for support?
Support calculations are state-specific and fact-driven. Military pay can include multiple components, so accurate documentation and careful analysis are important.
Do I need a lawyer who understands military rules?
If retirement, benefits, deployments, or complex jurisdiction issues are involved, military-specific knowledge can prevent expensive mistakes and protect important rights.
This page provides general information as of 2026 and is not legal advice. Federal statutes (including USFSPA and SCRA), military regulations, and state laws may change. Outcomes depend on specific facts, documentation, and local court rules. For advice about your situation, consult an attorney.
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Missouri & Illinois
Offices
Our offices in Missouri and Illinois are conveniently located. Divorce laws differ according to the jurisdiction. Having in-depth knowledge of the local statutes in their region, our attorneys are prepared to assist you in dealing with any family law issue.
Need MORE INformation?Setup Up the Initial Appointment
To begin the divorce, custody, or family law process, you must first schedule an initial consultation with one of our attorneys. This meeting gives you the opportunity to ask your most pressing questions, understand your legal options, and determine the best path forward based on your unique situation.
There may be a small initial consultation fee; however, any unused portion of time may be credited toward your required advance deposit to engage the firm, if you choose to retain Besserman Law. Ask our team for current details when scheduling.
Schedule ConsultationThere may be a small initial consultation fee; however, any unused portion of time may be credited toward your required advance deposit to engage the firm, if you choose to retain Besserman Law. Ask our team for current details when scheduling.
What to Expect for Any Case.
A divorce or legal process begins with the initial consultation with your attorney. The hour will be devoted to answering specific questions and drafting goals for your case. You can expect your attorney to outline a strategy that has the best chance of success based on the information you provide.
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Frequently Ask Questions (FAQ) of Divorce
Do we Need To Wait Before we File for a No-Fault Divorce?
Not always. In the case, you as well as your spouse, have lived apart for a continuous period of at least six months before admission of the divorce judgment, the two-year separation requirement could be waived, but only if you both consent in writing to do this. In case the two of you cannot consent, then you will have to satisfy the 2-year condition.
Do you know the Important Legal Problems in a Divorce?
The important problems that commonly come up in divorce cases are property division, child custody and visitation, child support, and alimony. Partners can enter into an agreement, property settlement agreement or divorce agreement, to resolve all or a number of the problems presented by their divorce case. This agreement, and, in particular, any arrangements regarding child custody and child support, will need court acceptance. They will have to fight it out in court where a judge will determine for them under the principles of Illinois law if spouses can not agree on any of the problems.
What’s a Legal Separation?
If you are living separate and apart from your spouse, you can petition a court to allow you a legal separation and fair support or alimony. Either spouse will not be prevented by a ruling for legal separation from filing for divorce after.