I have been married for 29 years. My husband has taken an early retirement, after 26 yrs working. I am working full time and he is living 100% on the pension. I filed for divorce and want to know if I am still entitled to 50% of the pension, even if it is his only source of income? He is able to work altho he says he has a neck injury that prevents him from working. That is not confirmed by any doctor. But even if it was, wouldn't he then be able to collect disability and I should still be entitled to half the pension? Please help
Answered on: 2/25/09, 12:31 pm by John Steele
Re: Splitting pension
You are entitled to 50% of his pension that he earned while married to you, regardless of how it is spent. He is also entitled to 1/2 of what you earned during the marriage as well.
Did you find this answer helpful?
0 Users found this answer helpful.
0 Attorneys agree with this answer.
Steele Law Firm 161 N. Clark Street, Suite 3200 Chicago, IL 60601► Other answers from this attorney