Legal Question in Family Law in Illinois

My son was just notified his wife wants a divorce. He is disabled (seizures) and they have two children, which he takes care of while she works. She also in October received a large sum of money from a personal injury lawsuit due to a car accident. Is my son entitled to any of that money? They put it into a joint checking account.

Asked on 2/01/16, 10:06 am

1 Answer from Attorneys

Jonathan Shimberg Shimberg and Crohn, P.C.

On at least two levels he is entitled to a portion of that money. First of all, if the accident occurred while they were married, the damages and compensation for those damages are marital property. Also as Wife placed the money into the joint account, it could be argues that if it were non-marital, it converted to marital, but that is a harder argument to make. If he suffers from seizures, he may be entitled to maintenance, formerly known as alimony, from her. It is no a simple divorce and should not be treated as such. If he is the primary caregiver he should seek a majority of the parenting time with the children, along with child support.

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Answered on 2/01/16, 11:33 am

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