QDRO Attorney

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...