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Section XII: Dividing Plan Benefits If Your Marriage Terminates
Retirement benefits earned during marriage are community property and may be divided in a court approved marital property settlement if the marriage ends. Any division of benefits must be defined in a court order that meets certain legal requirements, known as a Qualified Domestic Relations Order (QDRO). You may obtain more information and a sample QDRO from the Administrative Office, at no charge.
If your property settlement attempts to divide your benefits without satisfying the QDRO rules, or if it fails to address your former spouse's potential claim to your pension, you may have to obtain an additional court order when you are ready to retire. This could delay the commencement of pension payments to you.