Legal Question in Family Law in Illinois
Acquired pension/benefits
I have been divorced since 1989; and now that my ex-husband has
retired, how do I go about acquring benefits from his work places. We were married 28 years. Do I need an attorney?
1 Answer from Attorneys
Re: Acquired pension/benefits
You can't "acquire" any benefits from your former husband now. The question is, were you given pension rights as part of the Judgment for Dissolution of Marriage. If you were, then there are some steps to take...I'd like to hear more. By way of a very short thumbnail sketch, if someone gets pension rights they are set forth in the Judgment for Dissolution of Marriage. Further, another order called a Qualified Domestic Relations Order (QDRO) gets entered that formally divides a pension/401k, ect. This should have been done at the time of the divorce although we do see these mishandled quite a bit. So if you do have pension rights and it was done properly it should just be a matter of a letter or a phone call to some pension administrator.