Thursday, July 25, 2013

Ex-Spouses and Surviving Spouses

When folks divorce in Bloomington Illinois, ERISA-governed retirement benifits are divided by way of QDRO's or QILDRO's. The non-participant spouse often argues to by included as a surviving spouse in the QDRO or QILDRO. Here is a case that may now be applicable in your Bloomington Illinois Divorce:

Dissolution of Marriage 1st Dist.
In re Marriage of Winter, 2013 IL App (1st) 112836 (July 12, 2013) Cook Co., 6th Div. (REYES) Affirmed.
Husband, a retired public school teacher, began receiving pension payments in 1985. Judgment of dissolution in 2005 awarded entire marital portion of pension to wife via QILDRO. Court properly found that wife failed to meet definition of a surviving spouse under Pension Code, and thus surviving spouse benefit is not subject to division as marital property. Pension Code restricts receipt of benefit only to a surviving spouse. Thus, survivor benefits belonged to neither husband nor wife, but to hypothetical and undetermined "surviving spouse" defined by Pension Code, and thus, survivor benefits are not marital property as defined by Marriage Act. (LAMPKIN and GORDON, concurring.)



Best Regards, 

Jon D. McLaughlin
Bloomington Law Group LLC
Flanagan State Bank Building
2401 East Washington Street
Bloomington Illinois 61704
Skype: jmclaug2