Legal Question in Family Law in Illinois

A judgement was made to award me a percentage of my husband's 401(k). I don't have a lawyer. I've been flying back and forth to court for over a year and a half. My husband's lawyer entered a QDRO in my divorce. I saw the cook county clerk's website. I was not there because I live in Los Angeles and it is a hardship for me to travel back and forth. He filed a motion and mailed it to me in L.A. What does it mean? does it mean that they will rollover the funds into the IRA account that I have set up? How and when will they distribute my husband's 401 (k)? Is it better for ME to have MY OWN lawyer to enter it? What do I need to do to have it rolled over to MY IRA account? Also, I have contact with my kids through skype, they need my guidance.


Asked on 11/05/12, 7:00 pm

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

Question # 3. If the QDRO was entered, the lawyer should send you a copy of the order. The terms of the plan govern the distribution of your portion. It may be too late for you to "enter it." That is done. If the order is incorrect, you have 30 days to seek to modify the order. A motion to correct or whatever relief you want must be filed within that period of time. You should contact the plan administrator (in writing is best for your protection) and let them know that you have set up a rollover IRA account. I do not think that it can be rolled over into your present IRA, but ask the administrator of the plan and your IRA if that is possible. You may have to set up a new IRA for those proceeds.

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Answered on 11/06/12, 4:41 am


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