My husband is a retired city of chicago employee, he went into rehab 2 yrs ago and had his pension check sent to a new bank account leaving me without support. I had to leave our home and move to Louisiana my home. all attempts to serve him with a subpoena have met with failure. He is still my husband of over 25 years, I was recently injured in a fall and cannot work full time. The pension board refuses to tell me of his location. I don't know what to do , I will have to apply for food stamps and assistance from the government. I cannot even pay my insurance deductible. I am 56 years old and cannot look forward to a new career, during my marriage he was my sole support. I cannot afford a lawyer, or a private detective to find him, what recourse do I have. Can I sue the pension board for money that I deserve since I am still his wife? I did obtain legal aid to file a divorce but was unable to locate him. What should I do?
2007-07-23 16:48:43 · 9 answers · asked by beignet 2 in Family & Relationships ➔ Marriage & Divorce
I'm not sure where the first guy is coming from, but I will tell you what I know for sure. Yes, you are absolutely entitled to part of his pension. If you are still married, half of that pension is yours. If you get divorced (which I certainly would), make sure that you get the pension benefit in writing. See an attorney and let them handle it. Most lawyers will give you a consultation for free. They can go back to his previous place of employment and get things rolling. 25 years..... you darn right you're entitled. Anything over 10 yrs of marriage, you're entitled! Get it! After all, he left you stranded, didn't he?
2007-07-23 17:16:30 · answer #1 · answered by Trixie98 1 · 0⤊ 0⤋
If you indeed had legal aid, then you had a very bad lawyer. Normally when filing for divorce and you know not where/how to locate that person, this is what is normally done: Your attorney will post a notice under "legals" in the newspaper of the last known town. This posting normally is done twice. If there is no respond to the notice, then the attorney will file on your behalf on grounds of abandonment with no forwarding adress. Once this is done, then the attorney can go after his pension. I have seen this done several times from the state of Indiana and Chicago is very very close. Good luck.
2007-07-23 17:07:02 · answer #2 · answered by pappysgotitgoinon 5 · 0⤊ 0⤋
I think for like 39.95 you can get a people search on the internet. Try that and if that fails. Get someone to type up a letter make it look professional and say that he has won 50,000 dollars in a sweepstake and mail it to his last address send it certified mail. I am sure it will get forwarded and you will know his new address. If you are getting a divorce and represented by an attorney the attorney should be able to get his pension records or court ordered if he doesn't show for the divorce. He has abandon you. I don't think you have anything to worry about
2007-07-23 17:15:17 · answer #3 · answered by tnt 2 · 0⤊ 0⤋
I thought a couple had to be married at least 10 years for a divorced spouse to have access to other spouse's pension, social security, etc. You need to consult a lawyer.
2016-05-17 04:22:33 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Does he own a home? go to the county where he may reside website under auditor I think it is. Also the county clerk of courts records are online and it will tell of any speeding tickets etc.. County sheriffs website, whitepages.com, Do you have kids and have they talked to him?? Google him and see if anything comes up. Go ahead and go file for foodstamp and assistance if anyone can find him they can. They have access to DMV records, employement records, bank accounts etc.. Add me and I will try to help you locate him No I'm not a private investigator i just get bored and try to locate old friends etc..
2007-07-23 16:58:38 · answer #5 · answered by MaRaNdA 3 · 1⤊ 0⤋
Get legal advice. You can talk to an attorney for like $50.00. You can get his pension, my dad's wife took his and she also took the trust fund he had set up for my sister and me it was over a million dollars.
2007-07-23 16:56:04 · answer #6 · answered by Anonymous · 1⤊ 0⤋
As his wife still, you're technically entitled to nothing. When the marriage is annulled of you have a divorce then you can talk.
Unfortunately, that's how it is.
2007-07-23 16:54:11 · answer #7 · answered by chaoss13 6 · 1⤊ 3⤋
you are a gold digger... and deserve nothing...
if you want support, you should get off your lazy bum, and get a job... and have a life, instead of sitting at home...
his pension is his pension... nowhere in it does it say your pension...
you have no right to it...
why dont you support him, and help him get through his problem, then maybe he might come back...
but i dont see why he would want to with you acting that way...
It is becuase of women like you that the divorce rate is so high....
2007-07-23 16:53:52 · answer #8 · answered by Anonymous · 0⤊ 5⤋
by law you . cant. in my opion?
2007-07-23 16:55:48 · answer #9 · answered by the_silverfoxx 7 · 0⤊ 3⤋