Legal Question in Family Law in Illinois
I got divorced 11 yrs ago from a chicago fireman. It was not a pleasant divorce. After 32 yrs of
marriage, verbal and physical abuse, I wanted out. With my ex-husband being a chicago fireman,
I was given 50% of his pension when he retires. Well, he finally retire and the amount I am getting
is a far cry what from what he is collecting. Question, my portion is based on the years we were married and he was a fireman, which would be 18 yrs, his portion is 300% more than mine. Can I take my ex-husband back to court on this matter?
2 Answers from Attorneys
You were awarded 50% of the marital portion of the pension, which is not the same as 50% of the entire pension. Don't take my word for it, pull out the QDRO and look for yourself.
All of your answers should be found by carefully reviewing both the Judgment for Dissolution of Marriage and any resulting qualified order. If you feel that a mistake was made there may be remedies to correct it. However, after 11 years the burden may be nearly impossible to overcome. I would start with a careful review. Perhaps, as the previous answer states, there is no mistake. Good luck.
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