QDRO Attorney

By: tompmiller | March 27, 2020

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 employees. Some of these include Illinois TRS, SURS, SRS, MEABF.

When a member of such a plan divorces, the marital portion of the plan is divided, typically 50/50, using a QILDRO. A QILDRO is a special court Order that is the sole and only way to divide an Illinois public pension.

How the marital portion is calculated makes all the difference for the member and his/her former spouse, the altern...

By: tompmiller | May 06, 2016

Whether you are in Chicago, its suburbs or outside of Illinois, dividing pension plans in a divorce is a question of math. A pension is oftentimes the most valuable asset that will be divided. There are different ways to divide this asset and this article covers one of the most common methods, the coverture formula, in Illinois often referred to as the Hunt formula because of a seminal case that heralded the method.

The first step is to confirm the type of plan you are dividing: is it a defined contribution plan, like a 401(k), or a defined benefit plan, a pension that will pay a monthly benefit at least until the Participant dies. Assuming we have a true pension plan, the next issue is that of timing.

Did the Participant work for the employe...