312-332-2915 Email Us
blog home Property Division Oklahoma Bill Regarding Military Division of Property in Divorce Causes Controversy

Oklahoma Bill Regarding Military Division of Property in Divorce Causes Controversy

By Nottage and Ward on March 11, 2011

A new bill introduced in the Oklahoma legislature would limit a military spouse’s ability to claim a portion of their spouses’ military pension and benefits, reports Tulsa World.

According to the article, Senate Bill 528 is similar to another bill that failed to pass in the legislative session last year. If the bill passes, many believe it would offer members of the military overly generous terms regarding property division in divorce cases and make Oklahoma a mecca for military divorces. However, supporters of the bill say it would establish standards regarding equal division of marital property and in certain circumstances, termination of payments.

Under the provisions of the bill, if a marriage lasted less than 10 years, when dividing marital property, a judge would be required to consider a military pension as the sole property of the spouse to whom the pension belonged. This means that the pension would not be part of the marital property that is divided in a divorce between the two parties. In a marriage that has lasted over 10 years, the bill provides that the court may treat the pension as marital or separate property.

Critics of the bill argue that a military pension may be the most valuable asset in the marriage and that it would be unfair to treat it as the sole property of one spouse, to the exclusion of the non-military spouse. Additionally, many believe divorcing military members should not be treated differently than police officers or firefighters are treated during a divorce.

If the bill passes, Oklahoma would be the only state in the country to adopt such legislation.

If you live in Illinois and are considering a divorce, you may have questions regarding how your property and assets will be divided, as well as other divorce-related issues. Contact the Illinois divorce lawyers at Nottage and Ward, who can provide you the legal assistance you need during this difficult time. Our attorneys have practiced family law for over 20 years. Call 312-332-2915 today.

Related Articles:

We are proud sponsors of Little Black Pearl Art and Design Center.

To learn more, click here.

Proud Member of Friends of the Chicago River.

To learn more, click here.

Client Reviews

5 Leslie has been the strongest representation I could ask for

Leslie has been the strongest representation I could ask for in a very complicated, emotional matter. She has continuously looked out for my best interest and the best interest of my son. She is always prompt in getting back to me and in keeping me well informed about my case.
-

Read More Client Reviews

We have the experience.

We are knowledgeable about financial issues. We are experienced in child custody problems and sensitive to the overall needs of the client.

We have the experience to negotiate complex financial issues. The brain trust to maneuver contentious divorce litigation. And the sensitivity and skill to resolve highly charged custody issues.

Contact Us

Where We
Practice

Our practice is concentrated in Cook, DuPage, Lake, Will, Kankakee and McHenry counties.

Nottage and Ward, LLP  | 
10 N. Dearborn, 11th Floor, Chicago, IL 60602

Chicago Illinois Divorce Attorney Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee. Please contact an attorney for a consultation on your particular legal matter. This web site is not intended to solicit clients for matters outside of the state of Illinois.

Site design by Two by Four.
Build and Marketing by SLS Consulting | Blog Sitemap