QUILDO/PENSION
In re the Marriage of Culp, -- N.E.2d ---, 2010 WL 1206674 (Ill. App. 4 Dist.) March 26, 2010.
As part of the parties' Judgment for Dissolution of Marriage, wife was to receive one half of husband's pension pursuant to a QUILDO. Wife filed a Motion for entry of QUILDO and in the QUILDO had followed a formula for calculating the marital portion of the pension: (A/B) x C x D, where each letter represented a date, number of months, gross amount of pension, and percentage. Husband objected to the entry of the QUILDO, arguing that wife had agreed to receive $42,000-half of the pension's value when he filed his dissolution petition.
On appeal husband argues that the parties never agreed to use the QUILDO calculation. The court held that the settlement agreement never specifically stated that wife would receive $42,000. Instead, the agreement lists the dissolution date for purposes of ascertaining the duration of the marriage. The approximate value of the pension and end date of the marriage are set forth to assist in later assessment and division of the pension's marital portion. Further, the MSA specifically provides that a separate QUILDO will be entered to divide the marital portion of the pension. The court was within it's discretion to use the Hunt formula for allocation of pension benefits.
