If you and your spouse are divorcing and if either of you has an Illinois public retirement plan account — such as benefits through the State Employees’ Retirement System (SERS) of Illinois — the court may issue a court order called a Qualified Illinois Domestic Relations Order (QILDRO). In some cases, courts also issue QILDROs outside the context of a divorce. For example, courts may issue QILDROs ordering retirement plan providers to pay plan benefits to a child, civil partner or another eligible party.
A QILDRO tells a retirement account or pension plan administrator to distribute some, or even all, of the original account owner’s benefit to someone else. A QILDRO essentially divides retirement accounts, lump-sum death benefits, refunds, and certain other benefits to comply with the division of assets specified in a couple’s divorce decree or in a way the court feels will best benefit a non-spouse alternate payee.
If you are named as the alternate payee in a QILDRO, the legal document will specify your benefits as a dollar amount or as a percentage of the account’s assets/holdings.
Why Hire an Attorney to Help With a QILDRO/QDRO Matter?
If you think you should have rights to a former spouse’s or another relative’s Illinois pension and retirement assets — or if a family member is seeking part of your retirement assets with a QILDRO but you don’t believe he or she should prevail — a QILDRO/QDRO can help.
In fact, hiring union pension lawyers or QILDRO lawyers can help you protect and become familiar with your rights. A skilled attorney who is well-versed in QILDROs and Illinois laws can improve your chances of obtaining the outcome you want. When you have a knowledgeable legal advocate in your corner, you also have an adviser and guide to help you through court pleadings, filings, and appearances.
If You Need Help With a QILDRO/QDRO, Choose MLG Law Group
Qualified domestic relations law in Illinois is complex. It’s also important to understand that a QILDRO is distinct and separate from a qualified domestic relations order (QDRO). While you may need a QDRO to divide a non-public retirement plan in your divorce, a QILDRO is required for Illinois public system retirement funds. Hiring competent legal counsel can help you understand what is necessary, what to expect and how your benefits work.
If you need a qualified domestic relations order in Illinois, look no further than MLG Law Group. Your MLG Law Group QILDRO/retirement lawyer knows and can help you through the process of obtaining an initial QILDRO or modifying a previously issued QILDRO. To schedule an initial conversation with an experienced QILDRO lawyer, contact us today.