What is a QDRO and QILDRO?

April 17th, 2020 by Tiffany Hughes

If you are getting divorced from your spouse and are seeking a portion of your spouse’s retirement account, you will likely need a QDRO (Qualified Domestic Relations Order) or a QILDRO (Qualified Illinois Domestic Relations Order) drafted and entered in court to successfully obtain your portion of these accounts. Having an experienced family law attorney to carefully draft these orders is important as these orders are very complex and require nuanced provisions and protections that must comply with federal and state law. At The Law Office of Tiffany Hughes, our attorneys are experienced in preparing and entering QDRO’s and QILDRO’s to get you the money that you are entitled to.

Understanding the Difference Between a QDRO and a QILDRO

To divide retirement benefits between you and your spouse, a court in Illinois must enter either a QDRO or a QILDRO to be sent to your spouse’s financial institution. Although similar in name, the two types of orders are not the same in effect, and understanding the differences is very important.

Qualified Domestic Relations Order (QDRO):

• If your spouse does not work for the State of Illinois or the City of Chicago, and has a retirement account, you will need to have a QDRO drafted, approved by the financial institution and then entered in court to obtain your portion of your ex-spouse’s account.
• A QDRO allows the funds in your spouse’s retirement account to be divided, creating a new account in just your name with your portion of the monies, without tax penalties.
• QDRO’s are controlled by and must comply with federal law.

Qualified Illinois Domestic Relations Order (QILDRO):

• If your spouse works for the State of Illinois or the City of Chicago, and has a retirement account through the State Employees Retirement System (SERS), you will need to have a QILDRO drafted, approved by the financial institution and then entered in court in order to obtain your portion of your ex-spouse’s account.
• A QILDRO directs SERS to pay a portion of a member’s retirement benefit to an alternate payee, or former spouse.
• QILDRO’s are controlled by and must comply with Illinois State law.

The most important thing to keep in mind is you will need to get a QDRO or QILDRO entered as soon as possible. If your spouse were to pass away, and the QDRO or QILDRO has not been approved by the financial institution and then entered by the Court, you could get nothing.

Contact Us Today

Our highly knowledgable and experienced divorce attorneys can help you through the legal process of preparing a QDRO or QILDRO, ensuring approval with the financial institution and entry in court. Do not leave your financial future to chance. For more information on how the family law attorneys at The Law Office of Tiffany M. Hughes, P.C. can help you through the legal process of preparing and entering a QDRO or QILDRO in Cook, Will, Lake, McHenry, DuPage, Kane and surrounding counties, contact us to schedule your complimentary consultation today at 773-893-0228.

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This blog is made available by The Law Office of Tiffany M. Hughes, P.C. for educational purposes only as well as to give you general information and a general understanding of Illinois law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and The Law Office of Tiffany M. Hughes, P.C.. The website should not be used as a substitute for competent legal advice from a licensed professional attorney in Illinois.  The law changes constantly and we do not go back in time to edit old posts that may be affected by these changes.  If you have any questions about Illinois law, which is the only State this blog and website discusses, please call The Law Office of Tiffany M. Hughes, P.C. for a free consultation and do not draw any legal conclusions without speaking to a competent attorney in Illinois first.