Can a QDRO be written for a legal separation? The attorney I am thinking of retaining says it is for divorces only.
2 Answers from Attorneys
I beleive that the attorney is correct.
I respectfully disagree with my colleagues. I believe the confusion arises in the general belief that in divorce cases courts have the power to establish support and divide property while in legal separation cases the court only has the authority to determine support. While this is can be a general rule of thumb, in Illinois courts can divide property in legal separations with both parties consent. Further, there is nothing in ERISA or the Code that requires that a QDRO (that is, the provisions that create or recognize an alternate payee's interest in a participant's retirement benefits) be issued as a separate judgment, decree, or order. Accordingly, a QDRO may be included as part of a divorce decree or court-approved property settlement, or issued as a separate order, without affecting its qualified status. In short, the court has the authorty to order a QDRO with both parties consent in a legal separation. If you have any questions, feel free to contact me at [email protected] or at (773) 609-2889.
Related Questions & Answers
I have custody of my 2 children and their father only sees them when he finds it... Asked 3/08/11, 2:13 pm in United States Illinois Family Law, Divorce, Child Custody and Adoption
If a man had two mothers going after him for child support, would it go by who files... Asked 3/08/11, 5:44 am in United States Illinois Family Law, Divorce, Child Custody and Adoption
I sued my daughter's father, whom I was not married to, when she was born, 16.5... Asked 3/07/11, 5:02 pm in United States Illinois Family Law, Divorce, Child Custody and Adoption
Is it ok for someone to leave a 7 year old child alone in a hotel room to go down... Asked 3/06/11, 8:06 pm in United States Illinois Family Law, Divorce, Child Custody and Adoption
What do you do if your employer is witholding your child support payments but not... Asked 3/06/11, 7:22 pm in United States Illinois Family Law, Divorce, Child Custody and Adoption