Legal Question in Family Law in Illinois

Legal Rights When Remarrying Ex-Spouse

How are retirement benefits and property affected when remarrying your ex spouse. Does the award of the divorce decree stand and what you enter back into the marriage with remain personal and not marrital?


Asked on 7/08/09, 8:47 am

1 Answer from Attorneys
Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: Legal Rights When Remarrying Ex-Spouse

The Judgment stands. I know this because I had a divorce case where the party was getting divorced for the SECOND time, and no retirement benefits were awarded in the prior case, so the retirement benefits awarded in the second divorce only went back to the date of the second marriage, so I would argue that unless you cause the property to become marital voluntarily, it is not marital. But if you commingle funds, I think that would cause the property to become marital.

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Answered on 7/08/09, 10:21 pm


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