Qualified Domestic Relations Orders
A Qualified Domestic Relations Order, also known as a QDRO, is a court order entered to allocate retirement funds between spouses and allow a spouse to receive payments directly from the retirement fund of the person they are divorcing. The allocation of retirement benefits occurs consistent with the Judgment of Dissolution, but must be accomplished through the use of a QDRO. An experienced QDRO lawyer can assist you with the process.
Drafting a proper, enforceable QDRO is a very technical process only to be undertaken by a skilled attorney with knowledge and experience in family law. The failure to properly draft and have a QDRO entered in your divorce case may result in the loss of rights and assets as well as unwanted tax consequences.
A Qualified Domestic Relations Order must conform to the requirements of the retirement plan and must be approved by the applicable Plan Administrator before entry by the Court. Here are some common attributes of QDROs:
- The property settlement must originate from some type of retirement plan.
- The QDRO may not alter the rules of the existing retirement plan.
- Payments may not be made to the alternate payee until the former spouse becomes eligible to receive benefits.
- In addition to divorces, QDROs may also be used in legal separations.
- QDROs may be used after a divorce is finalized to pay alimony/maintenance support that is past due.
Qualified Illinois Domestic Relations Orders (QILDROs)
QILDROs are orders of court entered that allocate and distribute retirement benefits from a plan that falls under the Illinois public retirement system. A common scenario when a QILDRO would be required is a divorce wherein the working spouse is employed by the Chicago Public School System or Chicago Fire Department. If you are going through a divorce in Illinois that may require a QDRO or QILDRO, let McPherson Harry & Associates, P.C., put her decades of experience to work for you.
Contact us today at (877) 889-4515 for a free consultation with an experienced QDRO lawyer. Our law office represents clients for family law cases in Cook County and DuPage County including Elmhurst, Villa Park, Lombard, Oak Brook, Darien, Lemont, Wheaton, Bridgeview, and Maywood.