How Do I Collect My Share of My Ex-Spouse’s Pension After an Illinois Divorce?

This question came from one of our users:

In my divorce decree, I was awarded half of my husband's pension. How do I collect that?

How are retirement accounts divided after a divorce?

In Illinois, retirement accounts and pensions owned by either spouse are required to be disclosed on financial affidavits during the divorce process. It is important to note that the court will only divide the portions of the retirement accounts and pensions that are found to be “marital property.”

Marital property is property acquired by either spouse during the marriage. Property that was acquired by either spouse before the marriage will not be considered marital property. Any payments into a retirement account or pension during the marriage by a spouse will result in at least part of the account or pension being considered marital property.  

How do I collect my share of my ex-spouse’s pension?

Retirement accounts and pensions will require that the retirement or pension plan receives the necessary paperwork in order for them to be able to process the account division. Necessary paperwork to process an account division usually involves either a: (1) Qualified Domestic Relations Order (QDRO) or a (2) Qualified Illinois Domestic Relations Order (QILDRO). Every retirement account and pension plan are different.

As a result, each account or plan will have different requirements for a QDRO or QILDRO. You should reach out to the account or plan directly to determine what paperwork will be required for them to process the account division. An attorney can help you draft a QDRO or QILDRO if necessary.  

What is a QDRO?

A QDRO is a judgment or order for a private retirement plan to pay benefits to a former spouse. The QDRO must contain the participating spouse’s name and last known mailing address as well as the former spouse’s name and last known mailing address.

The QDRO must also contain the amount or percentage of the participating spouse’s benefits that will be paid to the former spouse. It is important to note that a QDRO cannot award a former spouse any benefits that are not available to former spouses under the retirement plan terms and conditions.  

What is a QILDRO?

A QILDRO is a judgment or order for an Illinois public retirement system to pay benefits to a former spouse. Similarly to a QDRO, a QILDRO must contain: (1) the name, mailing address, and social security number of the participating spouse as well as (2) the name, mailing address, and social security number of the former spouse. The QILDRO must also contain the amount or percentage of the participating spouse’s benefits that will be paid to the former spouse.