Hi my husband is a retired city work who has a monthly pension, we will be filing for divorce in a few months. We are trying to keep this a no fault friendly divorce, since their is nothing of value. Our question is we have been married 31 years come November, besides his pension ck, he works full time,and has a pt commision 2nd job. I only work pt and make not even 600.00 month take home, My questions are as follows: Am I entitled to 1/2 of his pension check when divorced? And is 1/2 based before or after taxes and insurance taken out? or if it is based on a percentage, is that percentage based before or after taxes and insurance is taken out. Would I be entiltled to be kept on his health insurance as well?
State/Country relating to question: Illinois
independent lawyers and received diffferent answers
Hello and thank you for the question. I am sorry to read of this dilemma. You are entitled to 1/2 the pension and should seek to have it included in the judgment. It would normally be half of the gross/pre tax but this can be negotiated. Court will often also permit you to be left on health insurance. This can vary from 6 months to several years.
Licensed attorney helping employers and employees
i just want you to know, i also talk with the pension board, and they told me i'm not automatically entitled to 1/2 my husbands pension check? if is only if the judge awards it, or my soon to be ex and I agree on 1/2. I am confused
Only if the judge awards. It is not automatic, which is why it is important to ask the court and make sure it is expressly included in your award.
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