Legal Question in Family Law in Illinois

I was married for 15 years am I entitled to half of my wif'e's retirement and 401K, and is she liable for payment for half of the credit card that I am still paying on. Am I not legally entitled to any of that? Is it totally up to the judge whether or not that is granted?


Asked on 11/25/13, 8:07 pm

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

You are entitled to an equitable division of the marital estate, which may include the marital portion of her retirement and her 401k, as she is in yours. There may be factors which you have not provided that may reduce the portion of your entitlement, such as having been separated for a lengthy period of time, that she may be a state employee and not entitled to social security that you ran up the debt for non-marital purposes and so forth, If the partues can not agree, then it is up to the judge to divide the marital estate.

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Answered on 11/26/13, 4:40 am


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