Divorce

Your PERA pension is considered a marital asset and may be part of the overall division of marital property. PERA cannot offer legal advice or recommendations with the divorce process. The information provided here will help you and your attorney understand the law and assist in creating applicable court orders. 

If possible, please send us the proposed divorce language before the court order is finalized.

Divorce Decree

If at any time you were divorced while employed in PERA-covered employment, send us your divorce decree.

• If you are awarded your entire PERA benefit: Send in a scan or photocopy of the entire decree
• If your PERA benefit is divided: Send in a certified copy of the decree

Court orders can be obtained in Minnesota from the county courthouse where the divorce was granted.

Guidelines for Composing Court Orders

Domestic Relations Order (DRO)

A separate Domestic Relations Order (DRO) is not required by PERA; the language dividing the benefit may be incorporated into the Findings of Fact, Conclusions of Law, Order for Judgment, and Judgment and Decree. However, if your divorce decree states that a DRO is required, you must submit this court order to PERA, too.

Sample Language for DRO (PDF)   Sample DRO (WORD)

PERA is a governmental plan and is exempt from the Qualified Domestic Relations Order (QDRO) law under the 1984 Retirement Equity Act. The Employee Retirement Income Security Act (ERISA), which includes QDRO law, only relates to private pension plans.

Note: PERA will not return copies of the court orders to you. 

Beneficiary Designation

Minnesota law revokes a spouse’s designation as beneficiary upon marriage dissolution.

• If the court order requires that your former spouse be designated a beneficiary, you will need to submit a Change Form.
• If you do not return the form and die, and no other benefits are payable, payment will be made according to the court order and the remaining balance will be issued to you designated beneficiary(ies).

Survivor and Death Benefits

If the court order requires that a former spouse be named as the survivor for the marital period, the member then has the right to name another person as survivor for all other service.

If an active member dies before payments begin, monthly survivor benefits are available for a surviving spouse or dependent children, or both. The types of benefits payable depend on the plan to which the member contributed.

Payments to Former Spouse

PERA payments to a former spouse may be made only when the member ends their employment, applies for a monthly benefit or refund, and their benefit becomes payable. If the member elects monthly payments, the former spouse must also receive monthly payments. If the member dies first, the former spouse's benefit will depend on the member's status and the plan's death benefit options. If the former spouse dies first, the benefit payments will be paid to their estate until the member's death.

If the divorce occurs after the payment begins, the member's benefit may still be split between the parties. 

If you name your former spouse as your survivor, payments will continue to your former spouse following your death. If a survivor option was chosen at retirement, however, that selection can be revoked in the event of a marriage dissolution or annulment. The monthly benefit would then revert to a Single Life pension. For this to occur, the court must order the revocation of the benefit selection and both the member and former spouse must sign a revocation form acknowledging the change.

The information contained on this web page and its associated pages is provided for informational purposes only and should be used in conjunction with advice from your attorney. PERA makes no representations or warranties, express or implied, with respect to this material, nor should it be construed as tax or legal advice. The rights and obligations of PERA members are governed by state and federal laws, rules, and regulations and court orders.

The Minnesota Legislature or the federal government may change the statutes, rules and regulations governing PERA at any time. If there is a discrepancy between the law governing PERA and the information contained herein, the statutes and regulations shall govern.