Legal Question in Family Law in Illinois

Property settlement

My ex-to-be and I married 6 years ago. He started to work with pension 2 years ago and started to have a 403(b) plan one year ago. He also started Roth IRA deposit in 2005 and 2006 because I (his spouse) had a job at that time, but the money was withdrawn from what he claimed his non marrital money accounts. He continued to save for IRA in 2007 and 2008 after he had a job.

I haven't added any money to my 401K and some other accounts since marriage, and I lost my job 2 years ago. I have a house bought several years before the marriage and he moved in when we married. He started to pay a portion of the property tax and household expenses 2 years ago when he started to work. He moved out several months ago and continues to pay the household expenses.

Under such circumstances, how will the property(e.g. retirement money, personal account money) be divided? Will the fact that I have a house have any influence on the property settlement? Will the duration of marriage (6 years) change the way property will be divided?

P.S. We don't have children from this marriage.


Asked on 7/12/09, 4:27 pm

1 Answer from Attorneys
John Steele Steele Law Firm

Re: Property settlement

If the two of you are married still, there is no "my house", "his IRA". EVERYTHING is marital, with certain small exceptions (non of which I see here so far). Assume you both split everything.

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Answered on 7/15/09, 9:28 am


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