Mueller v. Mueller

Illinois Supreme Court PLAs
Civil Court
Dissolution of Marriage
PLA issue Date: 
September 24, 2014
Docket Number: 
No. 117876
4th Dist. Rule 23 Order
This case presents question as to whether trial court in dissolution of marriage proceeding properly awarded wife portion of husband’s pension benefits without considering value of wife’s anticipated Social Security benefits or offsetting value of husband’s pension benefits by value of Social Security benefits he would have received had he participated in Social Security instead of receiving pension in lieu of Social Security. Appellate Court, in affirming trial court, noted that under Ill. Supreme Ct’s decision in Crook, Social Security benefits could not be used to equalize property distributions in dissolution proceedings; and (2) Ill. Supreme Ct. should resolve whether husband’s related proposed offsets could be considered in dissolution proceedings. (Dissent filed.)