Military Pension Are Marital Property Under Illinois Law
The court abused its discretion in dividing military pension by failing to comply with § 401(b) of the Marriage Act (750 ILCS 5/401(b)) to preserve jurisdiction for the distribution of military pension benefits. In re Burkhart
Military pensions may be treated as marital property under Illinois law and are subject to the division provisions of this section. In re Brown
Even had the husband’s military pension not been considered marital property and subject to apportionment, it would certainly have been considered as a relevant factor in a “fair and equitable” division of marital property. In re Lipkin
A marital property interest may be recognized in retirement benefits from a military pension. In re Dooley
Where no evidence was presented in trial of the present value of the husband’s military retirement pension, and the accommodation made with maintenance awarded to the wife to balance the award of all the retirement pay to the husband was difficult to evaluate, the matter was not fully presented to the trial court and the judgment distributing the marital property of the parties and awarding maintenance in the amount and for the term ordered had to be reconsidered by the trial court. In re Dooley
Military retirement pension is “marital property” under this Act. Musser v. Musser
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