Legal Question in Family Law in Illinois
QDRO - Pensions
at time of my divorce in 1996 there were 2 pensions and a deferred acct of which I am to receive 50% + interest. Because of the QDRO policy the city has I am not entitled to receive any money untilmy ex retires.
I recently learned that he retired from one of the dept and took that pension out. He says he moved it into the other pension. However, at this point I have no idea how my interest is at this point which was moved. I feel that the orig. legal document was changed by this withdrawal and that either 1) I should know the value of my interest at this time which was moved or 2) withdrawal of the money, regardless of moving into another gives me the right at this time to received my portion. I do not know the legalities of this and would like any suggestions as how to proceed. It is a fairly large amt of money and I want to be sure my interests are protected. Thank you.
1 Answer from Attorneys
Re: QDRO - Pensions
I probably need a little more information than what you've provided. If you got parts of three pensions/401k plans, three Qualified Domestic Relations Orders should have been entered around the time of the divorce and they should have been forwarded to each of the pension companies. You should have been given some direction from the pension companies and hopefully some contact info. at that time.
The direct answer to your question is that your interest was created when the QDRO was entered and anything that's happening now should not be relevant to any of the rights you were given in the past.
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