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My Ex & I agreed: NO QILDRO

Discussion in 'Alimony & Spousal Support' started by Glitter369, Jun 16, 2017.

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  1. Glitter369

    Glitter369 Law Topic Starter New Member

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    Jurisdiction:
    Illinois
    My husband is retiring after 28 years. We were married for 10.

    I do not want any part of his RETIREMENT. I agree for him to pay me every month the amount he always has.

    Do I have to get a lawyer to REFUSE QILDRO?

    I am fine the way we have always done it.

    His pension board is asking about QILDRO. What do I have to do so he can retire and leave it at that?

    Please help!
     
  2. zddoodah

    zddoodah Well-Known Member

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    Husband or ex-husband? Saying that you were married implies that you're divorced, but calling him your "husband" indicates that you're married.

    If you're still married, is a divorce pending?

    If you're divorced, how long ago was the divorce decree entered?

    No point in addressing the rest of your post until you answer these questions.
     
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  3. Glitter369

    Glitter369 Law Topic Starter New Member

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    We were divorced in 2007. Total marriage lasted 10 years.
     
  4. zddoodah

    zddoodah Well-Known Member

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    Ok. You're free to disclaim any entitlement to your ex's retirement benefits, and you don't need a lawyer to do that. However, since "[h]is pension board is asking about [a] QILDRO," it seems that, at some point, you or your lawyer served something on the pension administrator that indicated some entitlement to his pension benefits. You can let your ex know that you don't want anything, but it will be up to him to figure out what the pension administrator needs to effect a disclaimer, and then you can cooperate with him in that regard (and HE might need a lawyer for this purpose).
     
  5. adjusterjack

    adjusterjack Super Moderator

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    It's QDRO - Qualified Domestic Relations Order.

    Ask the pension board what you need to do to disclaim benefits.
     
  6. Glitter369

    Glitter369 Law Topic Starter New Member

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  7. Glitter369

    Glitter369 Law Topic Starter New Member

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    Thank you very much.
     
  8. Highwayman

    Highwayman Well-Known Member

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    Not necessarily true. My pension administrator needed a copy of the divorce decree and settlement agreement before he would remove my ex-wife as my pension beneficiary - nothing had been previously filed claiming any benefit.
     
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  9. cynthiag

    cynthiag Active Member

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    Actually, a QILDRO is a QDRO that's specific to the state of Illinois (Qualified Illinois Domestic Relations Order), so technically QILDRO is correct.
     
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  10. army judge

    army judge Super Moderator

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    As usual, helpful advice with another perspective, Officer.

    Refusing to take the pension payout isn't wise.

    It might be more money today, but what happens if he dies next month?

    If you were receiving the annuity, you'd receive it until YOUR death.
     
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  11. zddoodah

    zddoodah Well-Known Member

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    Actually....
     
  12. Glitter369

    Glitter369 Law Topic Starter New Member

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    I understand your point. He does carry life insurance and I am beneficiary.
    Also, he was to stop paying maintenance in 2009, but has continued to do so.
    And I lived in his house under agreement I would pay him rent for one-full year. During that time, I did not pay rent, yet he continued the maintenance payments he was no longer obligated to pay.
    So, I don't want to take pension, we agreed he would continue to pay maintenance.
    Believe me, he is more than fair.
     
  13. Glitter369

    Glitter369 Law Topic Starter New Member

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    There was one ambiguous line in the divorce papers which made it confusing for all parties. Pension board wants clarification. I don't want any of his pension. He has been a very good ex-husband and I owe him THOUSANDS of dollars. Yet, he continues to pay the maintenance though he was to stop in 2009. And this has nothing to do with the money I owe him. The least I can do is not take pension. He is carrying life insurance.
     
  14. army judge

    army judge Super Moderator

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    Madam, I am not the one you must convince.

    It is your choice to make.

    That said, you are betting he will live long enough to honor the agreement.

    You never know what people will do when a new human being enters their life, even the person doesn't know, nor should she/he know the future.

    I have seen the new man or woman enter a person's life, and all bets are off.

    I have seen the man or woman dies, and the NEW spouse gets to make the call.

    Thats aid, if you were receiving pension benefits, none of those events (even the ones I have not yet delineated) would matter one iota.

    You'd be paid each month as regular as the sun rises and sets each day.

    There are other reasons which I won't get into because it is too a lengthy discussion for the Internet.

    It is your decision to make.

    I'm sure you will do what you believe is in your best interests.

    I wish you well.
     
  15. army judge

    army judge Super Moderator

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    Which means NOTHING if YOU predecease him.
     
  16. Glitter369

    Glitter369 Law Topic Starter New Member

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    Yes, I wish you well too.
     
  17. Glitter369

    Glitter369 Law Topic Starter New Member

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    QUESTION ANSWERED. THANK YOU. NO FURTHER REPLIES NECESSARY.
     
  18. army judge

    army judge Super Moderator

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    Closed per OP......asked & answered
     

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