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 | June 06, 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 determinations.

Primarily, as it relates to the pension and retirement plans, income earned during the marriage is marital income. Whatever is acquired with that income is marital. If you have a pension plan from before your marriage, income withheld & deposited into the pension during your marriage is marital. Funds you had in the plan before the marriage are your individual and ...