Legal Question in Family Law in Illinois

Hi, I am 62 years of age and I am getting my Postal Service pension, my wife who is 58 years of age and is under social security filed for divorce and the judge awarded her 40% of my pension, which puts me in a financial bind. My question is, can I file to get part of her social security? Thank You.

Asked on 8/13/13, 10:41 am

1 Answer from Attorneys

Jonathan Shimberg SHIMBERG and CROHN, P.C.
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No you can not. The law prohibits any assignment of Social Security benefits. The judge took that into account when he or she divided your marital estate, And you should havw raised that issue at the time the judge divided the pension.

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8/13/13, 10:45 am

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