Thursday, June 5, 2008

Marital settlement agreements - retirement & disability benefits

Dissolution Of Marriage/ Marital Settlement Agreements / Pensions 3rd Dist.

In re Marriage of Schurtz, No. 3-07-0345 (May 28, 2007) Peoria County (Lytton) Affirmed.
Trial court did not err when it ordered 62 yr. old former husband to pay a portion of his disability pension over to his former wife based on provision of Marital Settlement Agreement allocating a portion of his retirement pension to her. Because former husband was entitled to retirement benefits but chose to receive disability benefits instead, the wife is entitled to what she would receive from his retirement benefits. Further, trial court did not abuse its discretion when it refused wife's petition for attorney's fees and interest on past due benefits; because husband had a good faith argument that she was not entitled to receive any portion of his disability.

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