If I have a pension and so does my husband but we divorce, do I get a portion of his pension?

Asked on August 25, 2015 under Family Law, Illinois


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You should receive a portion of your husband's pension representing the years he was employed during your marriage.
If your husband was employed prior to marriage, you won't receive any portion of the pension representing his pre-marriage employment.
If your husband is employed after separation with no intent to reunite or after divorce, you won't receive any portion of his pension representing employment during those periods.
Again, the portion of the pension you receive will only be for his earnings during marriage. 

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