Legal Question in Family Law in Illinois

pension and divorce

Spouse "A" asked for a divorce. Spouse "A" did not pay into Spouse "B"'s pension. Does Spouse "A" have any right to Spouse "B"'s pension as property of the divorce????


Asked on 3/18/00, 10:31 am

1 Answer from Attorneys
Carolyn J. Stevens CJ Stevens|Law

Re: pension and divorce

Probably. In my state (check your own state law), Spouse A has an interest in Spouse B's paycheck because it is a marital asset. Spouse B's pension/retirement, at least that portion which accrued during the marriage, came in part from Spouse B's earnings and is therefore a marital asset in which Spouse A has an interest.

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Answered on 3/24/00, 8:26 pm


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