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Divorced Wife Not Entitled To Husband’s Pension

Posted by Dan Herbert Divorce/Family Law
Divorced Wife Not Entitled To Husband’s Pension

Parties entered into a marital settlement agreement in 1998 and wife later sought to enforce terms including pension benefits she states she was due. The trial court was without authority to divide the husband’s federal pension and was compelled to align the settlement agreement with federal requirements, including that benefits under the Railroad Retirement Act cannot be divided in marital property distribution. Thus, the court denied the wife’s motion to enforce the judgment. In re Marriage of Frank, 2015 IL App. (3d) 1402925

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