- 4 - part as any judgment which relates to the provision of marital property rights to a spouse, or former spouse, of a participant and is made pursuant to a State domestic relations law. Sec. 414(p)(1)(B). The Circuit Court of Cook County, Illinois, entered a “Judgment for Dissolution of Marriage” (Judgment) with respect to petitioner and his former wife. The Judgment states that the parties acknowledged that petitioner’s retirement plan was marital property. The Judgment determined that “in consideration of [petitioner’s] waiver of his vested interest in the marital real estate, [petitioner’s former wife] hereby waives any and all right, title, claim or interest she may have in the [retirement plan] in favor of [petitioner].” The Judgment relates to the marital property rights of petitioner and his former wife pursuant to the domestic relations laws of Illinois. It is a domestic relations order under section 414(p)(1)(B). The Judgment did not award petitioner’s former wife any interest in the pension plan distribution. Petitioner admits that the Judgment did not require any distribution of his retirement funds. The distribution took place after petitioner’s divorce from his former wife. Only petitioner received the $37,848 distribution. What is most significant is that petitioner was not an alternative payee under his retirement plan, but was a participant in that plan. For the foregoingPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011