Legal Question in Family Law in Illinois

I'm disabled but do not collect disability due to husbands salary. Looking for legal separation so I can stay on insurance. Being married over 10 years and lived with him for 22 yrs I am eligible for half of his retirement. Being in a legal separation will I receive alimony to help me financially pay my bills and am I still qualified for half of his retirement


Asked on 4/12/14, 9:49 pm

1 Answer from Attorneys

Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

It seems to me that you have a number of misconceptions about your "marital rights" but without more specific information about your situation, it is nearly impossible to advise you. You should contact a lawyer in your area for a consultation if you are serious about either a legal separation or a divorce. A legal separation does not always permit you to remain on your husand's medical insurance. It will depend on what the plan documents say, Also, even if you have been married for over 10 years, that does not make you eligible for half of his retirement. If you are talking about a pension, it again depends on the plan documents. If you are talking about social security, you will get some benefit but not until he begins taking his social security. There is no guarantee you will get alimony. It will depend on the circumstances and the nature of your disability, education, training, children, etc.

Find yourself a good lawyer to represent you if you are serious. If you want a legal separation just to make yourself eligible for social security disability or some other public benefit, rethink your options.

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Answered on 4/13/14, 4:18 am


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