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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 17524
Experience:  B.A.; M.B.A.; J.D.
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I have been married years, and lived together years before

Customer Question

I have been married for 16 years, and lived together for 10 years before that. We own a house together with mo. We have one son together, and I have one son from a previous relationship; boys are 32 and 25 years old, however, the younger one, Jordan, at present is suffering from some very serious illnesses including possible Crohn's disease and severe depression; he is presently dependent on us to pay his expenses for now. Jordan is a brilliant person and has a Bachelor of Science Degree from the University of Illinois, but he doesn't do well in interviews and has been rejected for several jobs he has applied for. My husband has had a wondering eye from about 1988 on, and I'm really fed up with his infidelities. I also had my own affair (ended over a year and a half ago)---To make a long story short, my husband is very psychologically abusive for a very long time now; he constantly talks trash about my older son in front of everyone, and now he's doing the same things to my son, Jordan, who is his only child and his biological child. This unending abuse has taken it's toll on me, and Jordan, who now threatens suicide. I need to know what is legally mine. We own a house together, and have lived in it for over 20 years; we have a mortgage of $1200 per month--taxes are $3200 a year. I would like to be awarded the house because I need stability and a roof over my head (and I'm going to rent rooms out to make ends meet); Brooks wants to move away to California to be with his new girlfriend. I do NOT want to sell my house that I painted, wall-papered, cared for, for over 2 decades, and I want to leave the house to my sons so they will always have a place to live (my older son is mildly disabled). To make a long story short, Mr. Burr could move into his new girlfriend's home (she is very wealthy and also a judge so she knows the legal system well), and let me have my house. He was also an absent husband, gone a lot intentionally. I am almost 56 years old, and , truthfully, pretty fried with life. Punching a clock for minimum wage isn't something I think I could do anymore--I am primary caretaker for my older son, and, at the same time, help my younger son grocery shop, etc. My husband doesn't lift a finger to cook, clean, or do ANY domestic duties. So basically I'm managing, cleaning, cooking, doing laundry for 3 households. In addition to all this, I have rescued many cats, and presently have 7; my younger son and I are very attached to these cats--no one is going to rent to an old, useless woman with seven cats. My husband can remarry; I FIRMLY do not intend to ever marry again. Here is a brief synopsis of our financial background and present situation. My husband brings in a pension of $10,000 per month plus social security of $600 per month plus he often gets consulting jobs. He, Brooks, also has a valuable silver, coin, and currency collection all acquired during our marriage. He also has at least $17,000 in cash in a safety deposit box, and he has accounts at two other banks which I'm guessing totals $10,000. My husband worked as a University professor for over 36 years; I worked for many years (1984-1999) as a secretary; I also worked several jobs before this from 1975-1984. The problem is my salary was crap (and yes, I am a valuable educated women with a Bachelor's Degree in Fashion Merchandising and Design; I am also an artist, musician, animal shelter manager); however, these do NOT pay the bills (not even close). I don't have enough credits to receive ANY social security of my own; I do have enough for medicare; however, this will not kick in until I'm 65. I have no pension. And I have tried hard to find a job (applied at least 20 places a couple of years ago)--rejected every time probably because I've been out of the workforce too long and frankly, I'm too old. I gave up on the job hunt; all of the positions paid less than $10 an hour. Anyway, I classify myself as a displaced homemaker. And taking care of my sons, house, yard, 7 cats, is really all I can physically and mentally do; I also suffer from major depression but take good medication for it. I'm so stressed right now that I've broken out in hives, my stomach hurts, I can barely eat and sleep. There is no way I can fit anything else in my life. Any discretionary money is spent on my children and furr babies, seldom do I spend money on myself. My older son does not live with me, he has his own place, he receives SSI for schizophrenia, but this is such a small amount that it's hard to survive on $733 a month so I help him out when I can. He's trying to get a job but has ADHD, Bi-Polar 2, Severe depression and anxiety, and he has at least one felony for possession of a controlled substance; prognosis for him getting a job is not good! The QUESTION: How much of my husbands pension am I allowed by law, and can I remain living in the house after he moves out as long as I don't sell it (AND I NEVER INTEND TO SELL)
Submitted: 1 year ago.
Category: Family Law
Expert:  Phillips Esq. replied 1 year ago.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.
QUESTION: How much of my husbands pension am I allowed by law,
Response: Illinois is an equitable distribution state. This means that the Court would review various factors to determine the percentage to award to each spouse of the marital property including the husband's interest in pension plan acquired after the marriage, but before the Judgment of Dissolution of the marriage. See 750 ILCS 5/503(b). The division will not be an automatic 50/50 as in community property states. However, after review of factors, the division may be 50/50. These factors include but are not limited to
"...(1) the contribution of each party to the
acquisition, preservation, or increase or decrease in value of the marital or non-marital property, including (i) any such decrease attributable to a payment deemed to have been an advance from the parties' marital estate under subsection (c-1)(2) of Section 501 and (ii) the contribution of a spouse as a homemaker or to the family unit;
(2) the dissipation by each party of the marital or
non-marital property, provided that a party's claim of dissipation is subject to the following conditions:
(i) a notice of intent to claim dissipation shall
be given no later than 60 days before trial or 30 days after discovery closes, whichever is later;
(ii) the notice of intent to claim dissipation
shall contain, at a minimum, a date or period of time during which the marriage began undergoing an irretrievable breakdown, an identification of the property dissipated, and a date or period of time during which the dissipation occurred;
(iii) the notice of intent to claim dissipation
shall be filed with the clerk of the court and be served pursuant to applicable rules;
(iv) no dissipation shall be deemed to have
occurred prior to 5 years before the filing of the petition for dissolution of marriage, or 3 years after the party claiming dissipation knew or should have known of the dissipation;
(3) the value of the property assigned to each spouse;
(4) the duration of the marriage;
(5) the relevant economic circumstances of each
spouse when the division of property is to become effective, including the desirability of awarding the family home, or the right to live therein for reasonable periods, to the spouse having custody of the children;
(6) any obligations and rights arising from a prior
marriage of either party;
(7) any antenuptial agreement of the parties;
(8) the age, health, station, occupation, amount and
sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties;..." See 750 ILCS 5/503(d):
http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000
and can I remain living in the house after he moves out as long as I don't sell it (AND I NEVER INTEND TO SELL)
Response 2: Yes, you can. However, this is something that your Attorney must ask for in the Divorce Complaint. For property division, alimony, Attorney's fees, you need to review 750 ILCS 5/
http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000
You can use the following sites to find local divorce Attorneys:
https://www.google.com/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF-8#q=Il+free+legal+services
http://ilf.isba.org/
http://www.lawyers.com
http://www.justia.com
http://www.findlaw.com