QDRO Blog

April 23, 2020

A pension plan is a defined benefit retirement account. It pays the Member or Participant a set amount of money (a defined benefit) for the duration of his or her life. In some instances a spouse or a former spouse is treated as survivor and receives a payments for the rest of his/her life if the Participant or Member dies first.

Generally, the value of a...

March 27, 2020

If you participate in the Illinois Municipal Retirement Fund or IMRF, if you divorce after retirement and were married for at least 1 year before terminated IMRF participation, your ex-spouse remains eligible for surviving spouse pension. This is so even if the Member remarries. However, you want to make sure that the Member keeps the Alternate Payee ex-s...

January 4, 2019

A pension plan, technically known as a defined benefit plan, pays a monthly annuity for the life of the member or participant. Examples of these are fewer and fewer in the private sector, only a few companies retaining defined benefit plans. In the public sector, there are many for laborers, teachers, police and firefighters, clerks and other public emplo...

May 31, 2018

In Illinois, and in most courts through the country, a divorce judge only has jurisdiction over marital or community property. This means that a judge does not have the authority to divide individual or non-marital assets. Of course, it is the Judge that decides what is and is not marital property. The Judge looks to statutes and caselaw to make these det...

May 2, 2018

Your client worked as a teacher in the Chicago Public Schools, CPS and participated in the CTPF, or in another Illinois school district and participated  in the TRS. Her and her spouse moved to Arizona and some time thereafter, one of them filed for divorce.

The  Arizona court  has personal jurisdiction over both of them and subject matter jurisdiction ove...

April 14, 2018

Members of many public pensions, including TRS, IMRF, SURS, SERS, CTPF, and others, at times can have their contributions refunded. Some of the most common refunds are surviving spouse benefits after divorce. These payments protect the member's spouse in the event that if the member dies after retirement, the spouse will receive about half of the monthly...

February 19, 2018

The short answer, yes, based on the parties agreement. Courts are reluctant to require anything but a division of retirement/pension plans short  of  parties' agreement.

Certainly, before your divorce case is resolved, if the parties agree, one can buy out the interest of the other in a retirement or pension plan. The  result  is that the member/parti...

February 7, 2018

A Qualified Illinois Domestic Relations Order (QILDRO) must include all elements specified by statute. Most large Plan Administrators in Illinois, including those in Chicago, DuPage and surrounding suburbs, have their own form. However, other than the name of the Plan (TRS, SURS, MEABF, etc.) and Plan Administrator's contact information, they are practica...

December 5, 2017

You just entered your client's Divorce Decree or Judgment for Dissolution of Marriage or Consent Degree in a State other than Illinois. Maybe you are in Arizona, California, Florida or any other State with many Illinoisans or former Illinoisans. Your client or his/her ex-spouse had interest in an Illinois State pension, like IMRF or TRS or SERS or SURS, o...

June 18, 2016

In a divorce, you may want to divide marital interest in a pension plan, but maybe not, maybe you would choose to offset interest in a pension against other assets or debts. Perhaps one party can retain the former marital residence and the other his/her pension, without dividing or buying out each other. Alternatively, maybe you want to keep your entire p...

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© 2014 by Thomas P. Miller, P.C.

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