Illinois Qualified Domestic Relations Order

State:
Illinois
Control #:
IL-NB-044-04
Format:
PDF
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A04 Qualified Domestic Relations Order
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FAQ

A QDRO will instruct the plan administrator on how to pay the non-employee spouse's share of the plan benefits. A QDRO allows the funds in a retirement account to be separated and withdrawn without penalty and deposited into the non-employee spouse's retirement account (typically an IRA).

Step 1 Gathering Information. Step 2 Drafting your QDRO. Step 3 Approval By the Other Party. Step 4 Approval by Plan as Draft. Step 5 Signature of QDRO by Judge of the State Divorce Court. Step 6 Obtain a Certified Copy of the QDRO.

A QDRO distribution that is paid to a child or other dependent is taxed to the plan participant. An individual may be able to roll over tax-free all or part of a distribution from a qualified retirement plan that he or she received under a QDRO.

Answers: "The QDRO is written as a "stipulation" which means "agreement" between you and your former spouse. Therefore, you must both sign it, in addition to the Judge's signature.Generally, both parties' signatures are required in order to file the QDRO at court.

A "qualified domestic relation order" (QDRO) is a domestic relations order that creates or recognizes the existence of an alternate payee's right to receive, or assigns to an alternate payee the right to receive, all or a portion of the benefits payable with respect to a participant under a retirement plan, and that

At a minimum, all QDROs must include: the name and last known mailing address of the participant and alternate payee(s) the dollar amount or percentage of the participant's benefits that will be paid to the alternate payee(s) (Note: A QDRO can't award an amount or form of benefit that's not available under the plan.)

The name and mailing address of the participant and alternate payee. The name of the retirement plan. The dollar amount or percentage of the assets that the payee will receive. The number of payments and the payment time period.

It typically takes a minimum of two months from start to finish to obtain a qualified domestic relations order, or QDRO. But it can also take up to two years because, like answers to all legal questions, it depends on the facts and circumstances of your situation.

A domestic relations order that creates or recognizes the existence of an alternate payee's right to receive, or assigns to an alternate payee the right to receive, all or a portion of a participant's benefits under an employer-sponsored retirement plan.

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Illinois Qualified Domestic Relations Order