I have been Married for 21 years and separated for 4 years and live in a different County. I need legal help

Asked in Red Bud, IL on November 24, 2025 Last answered on May 3, 2026

My Spouse still has insurance through his employer. I need to know regarding Railroad retirement to project my future. Also he a lots of debts in his own name. We do own a home myself is only on the deed and would like off. He makes over a hundred thousand per year and I make less than 30,000. He lies about anything to due financially and he threatens me with insanity due to taking medication for Anxiety and sleep. I just need help on navigating through this hard time. He wants me to do an online divorce and to scared to do that.

1 answer

Russell Knight
Answered by:

Russell Knight

Chicago, IL
Law Office of Russell D. Knight 773-334-6311
Free Consultation
Answer

You have been married for more than 10 years so you actually have your own pension through the railroad as an operation of law. This is called a Tier 1 pension. You can't touch his Tier 1 pension because you already have your own. Contact the Railroad board to learn more about your Tier 1 pension, they will treat you like you worked for the railroad, as well. 

Your spouse also has a Tier 2 pension that is divisible in a divorce. 

Because you've been married over 20 years, you will likely be awarded permanent maintenance (formerly known as alimony) that will be based on the guidelines. The Illinois maintenance guidelines are that he should pay you 33% of his net salary less 25% of your net salary. From what you wrote, that sounds like at least $ 2000 a month paid to you for the rest of his working life. 

His debts may be divided by a divorce court between you both but if they were incurred during your physical separation, a judge may allocate those debts to him alone. Furthermore, a court will be more likely to allocate those debts to him because he has a greater capacity to pay those debts. 

I am sorry you are going through this but you have a lot of options. 

May 3, 2026

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