During a divorce, parties often have employer sponsored retirement accounts to assign pursuant to their marital settlement agreement. To assign these accounts incident to divorce, the parties must enter a Qualified Domestic Relations Order (“QDRO.”) A QDRO is a...
Anne Prenner Schmidt, Esq., Master of Laws
DIVORCE – Same-Sex Couples & Divorce
Unique challenges of LGBTQ+ divorce Federally and in Illinois
The first steps of protecting LGBTQ+ federal benefits came with United States v. Windsor in 2013, which declared that the Defense of Marriage Act (DOMA) violated the 5th amendment. This determined that the government cannot discriminate against LGBTQ+ couples when...