Legal Question in Family Law in Illinois

Divorcing from spouse whom was an IL Dept of Corrections employee and was hurt on the job so receives SERS occupatinal disability payments of 3000$ monthly until the yr of 2029, at which time he will officially be retired.(It is like he is still working and contributing to retirement) This disability occured during the marriage, so what I want to know is am I entitled to 50/50 under the 750 Ill Comp. Stat. 5/503(a)? There is nothing in the settlement that refers to pain and suffering(which what I have read into that usually means it is just to replace wages so the employee and family does not undergo hardship.


Asked on 7/17/11, 11:03 am

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

You are bound by the terms of the judgment. If he was receiving the money at the time of the entry of the judgment, you should have made your claim then. If the injury happened after you were divorced, then you have no claim.

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Answered on 7/19/11, 11:00 am


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