Q: My divorce was final in Dec 1997 before QILDRO. Are judges imposing a QILDRO when it comes time to split pension
Language in the divorce states that he will get a portion of my pension. We were married and I accumulated 4 years of pension benefits as a public school teacher. I will retire in May 2017 and want to be pro-active and set up a QILDRO if the judge will impose one anyway. thanks for your help.
A:
A QILDRO was already "imposed" in your judgment. Typically people have them entered by the court shortly after the divorce. It is rare to wait until retirement.
QILDROS are highly sophisticated documents, and should be prepared by an attorney who has special knowledge in this area. They are also expensive.
Unless there is specific language in you judgment, the law is unclear as to which party is responsible to pay for the preparation and presentment of a QILDRO. What I have seen as the norm in my practice, is that the ex-spouse that wants the retirement benefit, pays to have the Order entered..
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