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Here's a little backround info: I have a have a friend who began living with
her X in 1985. They were legally wed in 1998 and are still married but are
now separated. Her husband has a pension from the Steel Workers Union in
Cook County Illinois. Also when the separated he kept $50,000 of their
savings. She left with nothing. Now out of the blue he is asking for a
divorce. She's in her 50's, he's in his 60's and in poor health.
She wants to know would the 13 years of cohabitation from 1985 to 1998 be
counted as a common law marriage as far as his pension is concerned? If he
were to pass away would those 13 years of cohabitation count towards the 10
years marriage require by the pension plan and entitle her to his Union
pension, or do they need to stay married till 2008?
And her second question is, upon the divorce would she be legally entitled
to half of their $50,000 savings the he kept when they separated?
Third question, can he still divorce her even if she doesn't want to grant
him a divorce?
Mind you, they are on good terms and she just wants to know her options. He
would probably wait till 2008 if ABSOLUTELY necessary so she won't lose
entitlement to his pension, but that's alot to ask IMO.
Thanks for your help,
SJH
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