Divorce and Retirement Accounts: Protecting Your Financial Future in Illinois

 Posted on January 12, 2023 in Division of Assets

Divorce can be a complex and emotional process. It can be even more challenging when retirement accounts are involved. In Illinois, retirement accounts are considered marital property, which means that they are subject to division during a divorce. It is essential to understand the laws and regulations surrounding retirement account division to protect your financial future.

Understanding The Division of Retirement Accounts

When dividing retirement accounts in Illinois, there are a few key factors to consider. First, it is essential to identify all the retirement accounts subject to division. This includes 401(k)s, pensions, IRAs, and other retirement savings plans. Once the accounts have been identified, the next step is determining how they will be divided.

The Role of Qualified Illinois Domestic Relations Orders (QILDROs)

In Illinois, one of the methods of dividing retirement accounts is using a Qualified Illinois Domestic Relations Order (QILDRO). A QILDRO is a legal document used to divide retirement accounts between spouses in Illinois. A court order directs the plan administrator to divide the account and pay a portion to the non-employee spouse. 

Using a QILDRO can have numerous advantages in the divorce process. The main advantage is that it allows for an easy distribution of retirement accounts to both spouses, as opposed to other methods which can be more complicated and time consuming. Since a court order is used instead of a private agreement, the division of assets is legally binding and enforceable.

Timing and Tax Considerations

When a divorce is filed, a court has the authority to order one spouse to use some of their retirement assets to pay the other spouse in a cash settlement. However, it is not a common practice as this can mean that both parties would lose the potential growth on the assets. It is also important to remember that dividing retirement accounts can have tax consequences, so it is important to consult with a tax professional to understand the potential impact.

Contact a Naperville, IL Divorce Lawyer Today

Divorce and retirement accounts can be complex issues, but with the help of an experienced attorney, you can navigate the process.  When it comes to helping you decide which next steps could potentially protect your future during a divorce in Illinois, the attorneys at Calabrese Associates can help. Contact our Illinois Family Law attorneys today to help find out your next steps. Call Calabrese Associates, P.C. at 630-393-3111.

Source: https://www2.illinois.gov/sites/SRS/SERS/Resources/Pages/FAQ-QILDRO.aspx#qst5