Legal Question in Family Law in Illinois

My wife & I are getting divorced & we're doing it uncontested & agree on everthing. My question is My 401 K & pension has not been brought up. If she agrees can I keep her from getting into it or is that decided by the court.


Asked on 7/12/10, 4:09 pm

1 Answer from Attorneys

Jonathan Shimberg Shimberg and Crohn, P.C.

It depends on the court. there can be no consistent answer. The issue must be dealt with in your agreement or she has an argument that it was not dealt with in th divorce. If you say each get their own 401ks and pension, then a judge may decide not to inquire as to the respective values. If you do not provide for the allocation, then you may have a problem later.

Read more
Answered on 7/13/10, 4:11 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Illinois