Retirement and Investment Accounts in Divorce (QILDRO/QDRO)

You must get a special court order to access these funds, either a QLDRO or QDRO. As there are major differences between the two, it is important to have an experienced Illinois divorce attorney on your side. Named as one of the Best Family Law Firms by the American Institute of Family Law Attorneys, Women’s Divorce and Family Law Group is here for you.

We Protect Your Rights Regarding Retirement and Investment Accounts

Under the Illinois Statutes (750 ILCS 5/503), you are entitled to a fair share of all marital property and assets. This includes retirement and investment accounts. Even if you did not work during your marriage, you have a right to a portion of your spouse’s accounts. This includes: 

• Employer-provided pension benefits;
• Individual retirement accounts (IRAs) and 401k’s;
• Brokerage accounts;
• 529 education accounts and other investments for children. 

You Need a Court Order to Access Retirement and Investment Accounts

You need a separate court order to access funds in retirement and investment accounts, something less experienced attorneys are likely to overlook. At the Women’s Divorce and Family Law Group, our Illinois divorce attorneys make sure you get all required court orders. Generally, there are two types related to investments and retirement accounts: 

• Qualified Domestic Relations Order (QDRO): Earnings from retirement and investment accounts are reported on tax returns. When making changes due to a divorce, the Internal Revenue Service (IRS) advises that you must have a Qualified Domestic Relations Order. It authorizes plan administrators to release funds, dictates how disbursements are made, and can provide survivor benefits  
• Qualified Illinois Domestic Relations Order (QILDRO): Similar to a QDRO in that it authorizes distributions from retirement and investment accounts, a QILDRO is state-specific. It differs from a QDRO in several ways, among which is that it does not provide survivor benefits and can prevent you from receiving the total amount to which you are otherwise entitled. 

Consult With Our Illinois Divorce Attorneys Today

Dividing retirement and investment benefits in divorce can present major challenges. At The Women’s Divorce and Family Law Group, we help you get the maximum amount you are entitled to. To request a consultation with our Illinois divorce attorneys, call or contact our office online today.