Legal Question in Family Law in Illinois

My husband get occupational disability through the Illinois Employee Retirement System.Our marriage was in Aug 2002 and he became disabled in June 2004. The disability settlement is for the next 25 yrs and he receives a monthly benefit that is tax free as well as he also receives SS disability. If we divorce or separat would this be marital asset that I would be entitled to under the illinois marriage and dissolution of marriage act?


Asked on 7/19/11, 10:45 pm

1 Answer from Attorneys

Yes. Under the Act you would be entitled to have a QDRO "quadro" or qualified domestic relations order entered in the divorce proceedings to establish and define your rights under the Act. SSA neither increases nor decreases benefits depending on the marital status of the spouse/ex-spouse.

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Answered on 7/20/11, 4:34 am


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