In re Marriage of Roberts

Summary

The Illinois Appellate Court, Third District, reviewed the division of a teacher’s Teachers’ Retirement System pension in a dissolution proceeding. The court held that equally dividing the pension was inequitable because the pension substituted for Social Security benefits, and remanded for the trial court to determine the portion corresponding to hypothetical Social Security benefits and the portion subject to equitable distribution. The court did not reach the alternative maintenance argument.

Holdings

1. The trial court erred by equally dividing Linda's TRS pension between the parties. A spouse who participated in a pension system in lieu of Social Security must receive treatment similar to a spouse whose Social Security benefits are exempt from equitable distribution; only the portion of the pension exceeding the Social Security benefits Linda would have earned may be included in the marital estate.
2. The court did not reach the maintenance issue because reversal of the pension award made resolution of the alternative maintenance argument unnecessary.

Questions Presented

1. Whether the trial court abused its discretion by equally dividing Linda's TRS pension between the parties when she participated in the pension system in lieu of Social Security.
2. Whether Linda was entitled to maintenance equal to the payments David would receive from her TRS pension.

Disposition

reversed_and_remanded