Chicago, IL asked in Divorce for Illinois

Q: Just had my 4th anniversary and getting divorced...

it’s my understanding that she is entitled to half of my pension during the time of marriage. That is a lot of money and will damage my outlook on retirement, as my pension has made big money in four years...

Question is....does a judge have to rule as statutes state, or can he rule against it if he sees it unfair??

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1 Lawyer Answer
J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
Answered
  • Oak Brook Terrace, IL
  • Licensed in Illinois

A: The judge must uphold the law. You use the term "pension". Pensions don't generally jump in value in four years, but 401K's can. Could you be referring to a 401K, SEP IRA, or IRA? If so, you might hire a mathematician or actuary to determine how much of the four year growth was caused by the funds you had on deposit on the date of your marriage. Without knowing more of your facts, it is difficult to fill you in on the possibilities.

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