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ANDREA,, Lawyer
Category: Family Law
Satisfied Customers: 12554
Experience:  25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law
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Can I get part of his pension and s.s. check and what about

Resolved Question:

Can I get part of his pension and s.s. check and what about my s.s. check?
He has an ira account with XXXXX XXXXX that is in his name only. What about it?
Submitted: 5 years ago.
Category: Family Law
Expert:  ANDREA, replied 5 years ago.

Hi, and Welcome to JustAnswer. Thank you for your question.

My name isXXXXX am a licensed, practicing Attorney and would be glad to help

1. Are you referring to a spouse ?

2. If so, are you planning to divorce your spouse ?

3. Please elaborate just a little so I understand your circumstances

Thank you and I look forward to assisting you

Customer: replied 5 years ago.
I am referring to a spouce. I am planning to divorce my spouse. we are having problems getting along and I do not love him anymore.
Expert:  ANDREA, replied 5 years ago.

1. How long have you and your spouse been married ?

2. Are there any children of this marriage ?

3. How old is your husband and how old are you ?

Thank you

Customer: replied 5 years ago.
.we have been married 54 years. There is no children at home but we have 2 married children. My husband is 74 years old and I am 74 years old.
Expert:  ANDREA, replied 5 years ago.

Thank you for your additional information.

Illinois is an "Equitable Distribution" State which means that upon dissolution of the marriage, the marital property is equitably divided between the spouses. However, "Equitable" does not always mean equal. If the parties cannot agree on a division of the marital property, then the Judge will divide it for them. The starting point is 50%-50%, however, the Judge takes additional factors into consideration, some of which are the following:

Length of the marriage

Respective age and health of the parties

Earning capacity

What assets each brought into the marriage

Contribution of a spouse as homemaker

Under Illinois law, ,marital property is defined all property acquired, purchased, or earned during the course of the marriage, regardless of who paid for it and regardless of whose name is XXXXX XXXXX title, except for gifts, bequests, and inheritances, which remain the sole, and separate property of the recipient spouse.

Under this definition, all amounts in his IRA and Pension which were earned during the marriage are marital assets and are subject to equitabole distribution upon dissolution of the marriage. As for Social Security, you can choose to apply for benefits under his Social Security amounts, but you cannot collect both from his account and receive Social Security benefits from your account.

Kindly press "Accept" so that I may receive credit for assisting you. Your question will not close and you may ask follow up questions at no additional charge. Positive Feedback and Bonus are always appreciated,

Kindest Regards XXXXX XXXXX Wishes for a safe and Happy Holiday Season,

ANDREA, and 4 other Family Law Specialists are ready to help you