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I need info about a possible Civil Union divorse. Illinois.

Customer Question
I need info about...

I need info about a possible Civil Union divorse

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Illinois

Lawyer's Assistant: Has anything been filed or reported?

No, we are in a civil union from Illinois dated 5 years ago

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

What property rights do each of us have if we divorse? There is property and a large IRA fund in one partners name that he acquired during the 29 years we have been together

Submitted: 7 months ago.Category: Legal
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Answered in 2 minutes by:
12/27/2017
Lawyer: Lucy, Esq., Attorney replied 7 months ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,264
Experience: Lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

The rules for dissolving a civil union in Illinois are the same as for divorce. Each of you is entitled to roughly half the assets acquired after you entered into the civil union. That's not going to be the entire time you were together, unless you entered a written agreement that said otherwise. The agreement could be from before the marriage, but you could also do a separation agreement. Any property acquired in both your names will also be split equally between you, regardless of whether it was acquired before or during the civil union. That's because the paperwork required to put it in both names functions to preserve each person's rights in the property.

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Lawyer: Lucy, Esq., Attorney replied 7 months ago

Typically, spousal support is reserved for long term marriages. Typically, a spouse who had been married 5 years wouldn't get spousal support. But the judge has some discretion to weigh the respective circumstances of the parties and make a decision. And again, the judge will uphold whatever the parties agree. Reaching a mutual agreement is one way to get a more fair outcome than what the law requires.

The laws don't address what happens when a couple is together a long time without choosing to enter a marriage or civil union, which is obviously an issues with same-sex couples who couldn't legally get married or enter into a civil union until recently. If you're in a same-sex relationship and have need for spousal support or a greater share of the retirement accounts than what you'd get under the existing law, it may help to hire a local attorney to argue that, in the interests of equity, you're entitled to more of what was acquired during those earlier years.

If you have any questions or concerns, please reply WITHOUT RATING so I may address them. My goal is to provide you with excellent customer service. Otherwise, please rate my answer positively so I get credit for assisting you today. Mobile users may have to scroll to the right. Thank you.

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Customer reply replied 7 months ago
What about a 401k that was converted into a selfdireted IRA & property purchased by one party after entering into the civil union or A,retirement fund that was given to one party after the civil union began
Lawyer: Lucy, Esq., Attorney replied 7 months ago

The 401(k) that was converted is going to remain the separate property of the person who originally got it, unless they made additional contributions during the civil union. Then, the part contributed after the civil union began is marital property.

When you say a retirement fund was given to one party, do you mean by the other? Or a retirement fund started after the union?

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Customer reply replied 7 months ago
Call tomorrow morning after 8am
Lawyer: Lucy, Esq., Attorney replied 7 months ago

I'm afraid there was an issue with your payment. Usually, this means that the credit card company wants to be sure you authorized the charge. Customer service should be contacting you to work it out.

Otherwise, I can answer any other questions you have here for no additional charge.

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Lawyer: Lucy, Esq., Attorney replied 7 months ago

Do you have any other questions?

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