joan
enthusiast
Reged: 09/24/04
Posts: 248
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Re: Pension and Social Security Issues
09/26/05 10:59 AM
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I am from Illinois and I am not sure if the rules are the same but...I am a Federal employee for 30 years and under the "old" system have never paid social security. My STBX is in private industry. When we divorce he will be entitled to 1/2 of my Federal pension, including any increases I get after our divorce until I begin to receive my retirement. He will not get any retirement from me until I retire. On the other hand, he will also receive his social security benefits. The courts have stated that social security is not marital, based on Federal law, and cannot be taken into account in a divorce. So I will get 1/2 of my retirment and he will get 1/2 of my retirement plus his full socical security benefit. This does not seem fair to me, but my attorney says that's just the way it is in Illinois. The judges feel they have no options.
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