Legal Question in Family Law in Illinois
Her Attorney Made Errors In The Marital Settlement Agreement
My divorce was final five months ago after seven years. I retired after she walked out with twenty-seven years of service toward my retirement BEFORE we were married. After 2.5 yrs negotiations a MSA was reached. Her attorney, after numerous errors and corrections by my attorney, referred to the wrong pension system in the agreement. Although a ligitimate system with only one letter difference in the name, I am not a member. He sent me paperwork to sign reflecting the wrong plan. I signed and returned those papers to him, including the Consent for QILDRO. The erroneous name was incorporated in the MSA which was signed my ex-wife, adopted in the Dissolution, ratified by the Court and filed. When the actual QILDRO was filed, the CORRECT pension plan name was used; however the signed Consent Form was for the erroneous pension plan. Now my system will not honor the QILDRO without a signed Consent legally required before issuance of funds to an alternant payee. Is this ''technicality'' in the Marital Settlement Agreement binding? Can the Court require the Agreement to be changed and if so, what could I expect?
1 Answer from Attorneys
A mistake in a Marital Settlement Agreement can be fixed by the court
If it�s as plain as you describe, there is simply no question that the court can fix a mutual mistake, right the wrong which is in the MSA, and make you sign a proper consent form. You can�t benefit by this mistake, but you could spend money trying.
If the bank issues you a $30 check, but it comes printed out as $3000, do you get to keep the difference? Are you willing to spend your legal dollar trying to hold on to the money paid to you by mistake? But you know the answer to these questions -- you can't benefit by these types of mistakes.
And consider this: If the parties have NOT agreed to the distribution of your pension through the the Marital Settlement Agreement, then the pension has NOT been awarded to you at all. Your ex can go to court to try to have the pension NOW divided.
Be done with this. Do the right thing. Sign the consent papers. Stop fighting with your ex. Stop paying for lawyers. Be done with the divorce. Move on.
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