Legal Question in Family Law in Illinois

QDRO Question - As per the MSA, I am to give 50% of my 401k to my ex-wife. It was agreed between both lawyers and ex-wife that since I had outstanding loans against the 401k, the 50% would not include the outstanding loan value. I received the court order over the weekend, but the QDRO verbiage states "account balance including any loans". If this is the case, she would be receiving more than originally agreed. I cannot afford a lawyer; I am broke. What can I say (or not) before the judge?


Asked on 10/27/14, 11:52 am

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

If the 50% was not to include the loan, then she get 50% of the gross estate and you get 50% plus the liability on the loans, right? So you should get the account balance plus the loans, from what you have said. If you agree the 50% would not include the loan value that is what you agreed upon. That seems to be what you are saying.

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Answered on 10/27/14, 12:22 pm


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