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RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 36967
Experience:  30 years as a family law lawyer .
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My husband is divorcing me after four years of marriage. I

Customer Question

My husband is divorcing me after four years of marriage. I am losing the RR pension as soon as the divorce is final.. We have a joint tenant account in borth of our names and i am told i am entitled to half of that. He has an IRA account in his name only and this was his money that he put in while he was waorking. I made no contributiion.I am 68 years old. Am i entitled to any portion of the IRA.We live in Chicago, IL
Submitted: 4 years ago.
Category: Family Law
Expert:  RayAnswers replied 4 years ago.

RayAnswers :

Thanks for your question and good afternoon.

RayAnswers :

You have a marital interest in anything he earned, saved or contributed here during the marriage.Yes you would be entitled to half of the joint tenant account .

RayAnswers :

The IRA if it predates the marriage would be separate property.

RayAnswers :

In Illinois, the assets and debts acquired during your marriage - called "marital property" - will be divided "in just proportions" when you divorce.

But not all property is considered "marital property." "Non-marital property" includes assets you had before marriage, or income from non-marital property.

In deciding how to divide marital property, judges look at factors including:

- Marriage length
- How much and what kind of marital and non-marital property there is
- The financial circumstances and earning potential of each spouse
- The age and health of each spouse
- Contributions in acquiring property
- How each spouse has benefited from the parties' property
- Obligations and rights from prior marriages
- Any agreements spouses made during the marriage
- Tax consequences of property division

RayAnswers :

You are on the fringe here of asking for alimony/spousal support.A marriage here of five years or more would make you a better candidate but you may ask for it anyway.

RayAnswers :

A court can order alimony, called "maintenance" in Illinois, at its discretion. Factors in deciding on support include:

- Income and property of both parties and their abilities to meet their financial needs
- Marriage length
- Standard of living during the marriage
- Time a spouse needs to retrain or find a suitable job
- Age and physical and emotional condition of the spouse seeking support
- Tax consequences
- A couple's agreement on support

A court can order temporary maintenance while the divorce is pending. Most maintenance is ordered for a specific length of time. You need to show a substantial change of circumstances, such as job loss, when seeking support modification.

RayAnswers :

Here is good self help for responding to his petition and self representing yourself.

RayAnswers :

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Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.