Does it matter how long someone is married in regards to their rights to a pension?

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Does it matter how long someone is married in regards to their rights to a pension?

My friend has been married for 7 years and plans on getting a divorce. She thinks that she needs to be married 10 years in order to get a better share of his pension.

Asked on October 16, 2011 under Family Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

What I am sure that she has heard is that the length or duration of the marriage plays a factor in distribution of assets.  While this specific amount of years that she refers to is best addressed to an attorney in her area, the general rule (which Illinois subscribes to) is that that portion of the pension that has accrued during the marriage is marital property for distribution in the divorce.  In other words, she is not entitled to the amount he had when they married or after they are divorced.  But she is entitled to a portion of the amount in there for the last seven years.  Good luck to her.  


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