Legal Question in Family Law in Illinois

My husband is disabled and received SS benefits. In addition he also is receiving State benefits because of being hurt on the job. An attorney was hired and a WC settlement was made which included a permanent settlement through the state of IL. The state benefits are showed as a annuity/pension where he received the benefits through the state retirment system and it is cumulated like he is still working where they pay into his retirment, etc. The settlement states that he receives $XXXX. amount of dollars monthly through the year of 2029 when they will offically retire him. We are divorcing and my question is am I entitled to a percent of the state benefits he receives since it was aquired during the marriage?


Asked on 8/22/10, 12:05 am

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

Possibly. It appears he is receiving a disability payment from the state pension system. Many judges with treat it as an income stream. As such, if he earns more than you you my be entitled to maintenance. You also may be entitled to a portion of his pension benefits through a QILDRO.

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Answered on 8/27/10, 12:09 pm


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