Legal Question in Family Law in Illinois
My rights during a Divorce
I have been married for 45 years.
I left my husband 4yrs. ago, but
2 yrs. ago he moved in with me
because he stated he could no
longer give me any money. At this
time I have absolutely no access to
our family funds, which include his
2 pensions. I get a small pension
of $575/mo. He says he has no
intention to put my name on his
checking account. I would like to
divorce him, but I have no money
and no access to any money. I
don't know how I will live on my
own. I couldn't make it the first
time I left. What are my rights.
Thank you
1 Answer from Attorneys
Re: My rights during a Divorce
Well, the first thing you have to realize is that if you file for divorce, you will get 1/2 of his pension regardless of how much he complains about it or says he cannot afford it. It simply is not his money to keep. For spouses in your situation, the court normally awards temporary maintenance immediately so you can pay for life's needs. The court can also have most of your legal fees can also be paid by your spouse, on the theory that since he controls the money, he should be forced to pay your attorney's legal fees. It is a common situation in IL.
Feel free to contact me to discuss some of your options regarding getting a divorce in such a way as to protect your ability to get access to money that is rightfully yours.
John
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