Legal Question in Family Law in Illinois

After my divorce i was suppose to split all of my 401k, money market accounts 50/50 with my ex husband. Because of a job loss I cashed in 2 of them which was not worth alot. Because of this I am being taken to court for not giving him half.

At this time his attorney is requesting I give him the full amount of his half without taking fees, taxes, etc out along with myself bein responsible for the 10% fee for taking this money out prior to the age of 59.

They are stating some case law where the other person is entitled to the full amount without the tax penalty in the event money is drawn out and they are not allowed to roll it over into an account of thier own after the filing of a quadro i believe its called, however, Im not sure if it makes a difference but I pulled it out before the quadro was filed.

Do i have to give him 100% of his half and i have to be fully responsible for all fees and taxes? Is there a case law stating I would be responsible for all fees if this was taken out? We are located in illinois and the case is in Northern Illinois.


Asked on 2/22/10, 7:32 am

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

Frankly you have stolen his property. He is not responsible for the taxes or penalty. It is not clear whether you have other 401ks to divide. If you do give him the gross amount you took from the other accounts. The only argument you have is that his attorney was supposed to do the QDRO and his negligence in not entering the QDROs at the time of the divorce.

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Answered on 2/27/10, 1:31 pm


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