Legal Question in Family Law in Illinois
Am I legally obligated to attend a court hearing about signing a QILDRO form endevoured to be executed over 3 years after the finalization of my divorce and not a part of the dissolution of marriage agreement?
1 Answer from Attorneys
Your wording is a little confusing. No one is obligated to go to court as a party. You can choose to not go - but the Court might decide to take action that your ex wants without you present. If what you mean is - "Can the Court order an entry of a QUILDRO without my consent?" ("Qualified Illinois Domestic Relations Order") the answer is no, unless you already agreed to divide your Illinois pension in your divorce decree (settlement agreement). Per Illinois law, a court cannot divide an Illinois pension without the consent of the pension beneficiary. BUT - the Court then CAN order you to pay over a percentage of your pension benefit once you receive it. The result ends up being the same - and now more hassle since you now have to make payments to your ex while before the pension administrator would simply pay both of you your shares. So - you can refuse to sign a QUILDRO, but then the Court can make you pay your ex' share of the pension benefits to her anyway, or impose what is known as a constructive trust on the benefits owing to your ex. Without seeing your divorce judgment including the marital settlement agreement I cannot provide more guidance in any event. I do recommend seeing an Illinois divorce attorney about this.