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Divorce

If a PERS member is divorced or divorcing, their PERS benefits may be affected, and they will need to submit a copy of their divorce decree or dissolution of registered domestic partnership to PERS’ Divorce Unit. Include PERS forms as referenced exhibits along with the decree.

The divorce court order must do these five things:

1. Address each of the PERS benefit types.

Most members have two of the following benefit types:

Divorce can affect each type differently.

Read the information page for each benefit type:

2. Provide type of award for each benefit.

Award types and the benefit types they can apply to:

Separate Account Award

  • Nonretired Tier One/Tier Two
  • Retired and nonretired IAP

Reduction Award

  • Retired and nonretired Tier One/Tier Two
  • Retired and nonretired OPSRP

Separate Benefit Award

  • Nonretired Tier One/Tier Two
  • Nonretired OPSRP

Deduction Award

  • Retired and nonretired Tier One/Tier Two
  • Retired and nonretired OPSRP

No Award (also known as “free and clear”)

  • All benefit types

3. Provide direction for death and beneficiary scenarios.

Death and beneficiary scenarios and the award types that can apply to each scenario:

Death before retirement — Member or alternate payee dies first.

  • Reduction, Separate Benefit, and Deduction

Death after retirement — Member or alternate payee dies first.

  • Reduction and Deduction

Beneficiary changes after retirement

  • Reduction and Deduction

4. Include the appropriate PERS divorce forms.

Divorce forms must be completed, labeled, and referenced as exhibits in the court order.

PERS divorce forms are required. The forms are intended to simplify the process by replacing pages of narrative or paragraphs of legal language that do not always cover all situations and can be subject to interpretation. The forms eliminate the need for interpretation and lessen the likelihood of the court order being nonadministrable.

5. Be signed by a judge and filed with the courts. The copy submitted to PERS must be complete with all pages and show the signature and stamp of the court clerk or the electronic filing indicator.

PERS divorce process

Step one

A member, their former spouse, their former registered domestic partner (RDP) or an attorney submits a court order to PERS.

Step two

PERS reviews the court order and determines whether it is administrable for PERS purposes. This generally occurs within 90 days.

  • If the court order is nonadministrable:
    • PERS will send a letter explaining why PERS cannot administer the court order.
    • PERS will send a copy of the letter to the member’s former spouse/RDP, if the address is available.
    • If an attorney submitted the court order to PERS, PERS also will send them a copy.
    • No benefits can be distributed to either party until PERS receives an administrable court order.
    • PERS will take no further action until a new court order is received.
  • If the court order is administrable:
    • And the award is from the member to their former spouse, the member’s former spouse will become what’s called an alternate payee (AP). When the award is from the member to their former RDP, they will be called the member’s former RDP.
    • If an AP/former RDP is not already a PERS member, PERS will verify the AP’s/former RDP’s mailing address, date of birth, and Social Security number prior to processing the court order as administrable. APs/former RDPs can proactively complete and submit the Alternate Payee Information Verification form. If not on file, PERS will mail the form to the AP’s/former RDP’s last known address. PERS must receive the completed form before divorce processing can be completed.
    • If an AP/former RDP is already a PERS member, PERS will update our records to reflect the appropriate awarded benefits. This updating also will occur when an AP/former RDP who is not a PERS member returns the AP verification form.
    • PERS will send a letter explaining how it is interpreting the court order and how that will affect the member and the member’s former spouse/RDP/AP.
    • PERS also will send a copy of the letter to the member’s former spouse/RDP/AP.
    • If an attorney submitted the court order to PERS, PERS also will send them a copy.

General information

PERS staff cannot give legal or financial advice. PERS staff also cannot:

  • Give personal opinions about what a member or alternate payee (AP)/former registered domestic partner (RDP) should do.
  • Determine if there should be an award to the AP/former RDP.
  • Determine an AP/former RDP award type and from which PERS account the award would be drawn.
  • Refer any of the involved parties to attorneys, including any attorneys who specialize in divorces that involve PERS benefits.
  • Speak to the member about the AP/former RDP account.
  • Speak to the AP/former RDP about the member account.
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Names

You will need to notify PERS in writing of any name change by completing an Information Change Request form.

Addresses

Both members and alternate payees/former registered domestic partners must keep PERS informed of their current mailing addresses at all times. Address updates must be signed and in writing. Members who are working for a PERS-participating employer must update their address with their employer. Members who are not working for a PERS-participating employer, PERS retirees, and alternate payees/former registered domestic partners can use Online Member Services (OMS) or the Information Change Request form to update their address.

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Forms are available on our Divorce forms webpage.

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If you have questions about a divorce or alternate payee/former registered domestic partner account, submit your questions in writing with a signature.

When writing to PERS, please include your full name, address, phone number, and PERS ID.

Submit your written questions to:

Oregon PERS
Attn: Divorce Unit
PO Box 23700
Tigard, OR 97281-3700

Fax : 503-598-0561
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PERS is a public pension plan and is exempt from the Employee Retirement Income Security Act (ERISA) of 1974 and the Retirement Equity Act of 1984.

PERS will accept divorce decrees, property settlement agreements, and various types of domestic relations orders that have been signed by a judge and filed with the court.

A copy of such documents must show the court clerk’s stamp or electronic filing indicator; the copy must be received and approved by PERS before establishing a separate account or making payment to an AP.

Any PERS divorce award must be detailed on the appropriate, approved PERS divorce forms. The forms must be completed, labeled, and referenced as exhibits in the court order.

PERS will not make retroactive payments to an alternate payee (AP)/former registered domestic partner (RDP) for any period of time between the date of divorce/dissolution and the date the court order is approved by PERS. It is the responsibility of the member, the AP/former RDP, or their legal representatives to see that PERS’ Divorce Unit receives an administrable, filed copy of the court order in a timely manner.

Submit a copy of the court order to:

Oregon PERS
Attn: Divorce Unit
PO Box 23700
Tigard, OR 97281-3700

Fax: 503-598-0561

PERS will notify you in writing as to whether a court order you submitted has been approved or not.

A domestic relations order (DRO) is not required if your divorce decree or judgment clearly provides alternate payee award details. If a court order says a DRO is to be followed or prepared, PERS must receive the subsequent DRO before an award can be processed — unless language in the judgment itself is sufficient for PERS to administer the award.

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PERS cannot administer awards against certain accounts or benefits.

Court orders with language addressing these accounts or benefits may be nonadministrable.

Account types that cannot be awarded:

  • Police and firefighter units.
  • Unused sick leave accounts.
  • Previously withdrawn accounts.
  • Fully distributed retiree accounts.
  • Loss of membership accounts.
  • Deceased member accounts, if PERS receives the court order after death benefit payments have started.

Account types that cannot be independently awarded:

  • Employee Pension Stability Accounts (EPSA) — If any portion of the EPSA becomes payable directly to the member, the alternate payee (AP)/former registered domestic partner (RDP) will receive a proportional share based on the Individual Account Program (IAP) award when applicable. This award is automatic and does not need to be addressed in the court order.

In addition, APs/former RDPs cannot make any type of purchase — proportional or otherwise.

​

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Unlike PERS members, an alternate payee (AP)/former registered domestic partner (RDP) is not subject to PERS’ “retire one, retire all” and “withdraw one, withdraw all” provisions. As a result, an AP/former RDP who receives both a pension award and an Individual Account Program (IAP) award could* (for example):

  • Withdraw their IAP now and wait to retire their pension award until their former spouse/RDP becomes eligible for retirement.
    OR
  • Retire both awards on different dates.
    OR
  • Withdraw both awards on different dates.

However, if an AP/former RDP is a member in their own right, they are subject to “retire one, retire all” and “withdraw one, withdraw all” for their own member accounts. Their AP/former RDP awards remain separate and do not need to be distributed in conjunction with their own member accounts.

*Provided the awarded benefits can be withdrawn or retired independent of what the member does.

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PERS does not provide actuarial valuations of retirement benefits (present value study). A private actuary will be able to provide this information.

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Prior to divorcing, members and their legal representatives normally obtain information about PERS members’ current and future retirement benefits.

Information about what assets are available for division is used during divorce proceedings to determine the alternate payee (AP)/former registered domestic partner (RDP) award.

Although the court may determine another method for dividing a PERS account, the court often makes an AP/former RDP award based on how much of a member’s account was accrued during the marriage/partnership.

Predivorce estimates for divorce-planning purposes can be obtained using the Benefit Estimate Calculator in Online Member Services (OMS). If an award to the AP/former RDP has already been processed, the Benefit Estimate Calculator can no longer be used, as it is not programmed to adjust for divorce.

All requests for benefit estimates and other member information must be submitted in writing and a signed release from the member must be received by PERS to release information to a third party.

An exception is made only if PERS receives a subpoena. Subpoenas should be made out to the Oregon Public Employees Retirement System. The most appropriate staff member will respond.

Subpoenas will not be accepted by fax, and PERS requires at least three full business days to respond. PERS would prefer to provide written information in response to a subpoena as we have limited staff available to testify in a court setting. PERS also can provide testimony over the telephone.

Mail subpoenas to:

Oregon PERS
PO Box 23700
Tigard, OR 97281-3700
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​​PERS will not provide payroll or personnel records. The member’s employer must be contacted for this information.​

A member’s benefits cannot be garnished for past-due consumer credit bills or attorney fees under Oregon Revised Statute (ORS) 238.465

A member’s account can be garnished for current and past-due child or spousal support pursuant to ORS 238.445

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PERS administers OSGP, which is independent of pension benefits. Any divorce awards involving OSGP must be mailed directly to:

Oregon Savings Growth Plan
775 Summer Street NE, Suite 200
Salem, OR 97301-1280 ​
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Oregon law and PERS rules

PERS can pay Tier One, Tier Two, OPSRP, or IAP benefits to an alternate payee/former registered domestic partner* according to Oregon Revised Statute (ORS) 238.465.

This statute allows PERS to pay to an alternate payee any pension, annuity, retirement allowance, disability benefit, death benefit, or refund benefit that is due a member if and to the extent expressly provided for in the terms of any court order or court-approved property settlement agreement resulting from any court order or decree of annulment, dissolution of marriage or registered domestic partnership, or separation.

Under ORS 238.465, PERS can either:

  • Transfer an account balance award made to an alternate payee (AP)/former registered domestic partner (RDP) by the court (at the time of divorce or at retirement) into a separate account in the name of the AP/former RDP.
    OR
  • Divide benefits when they become due or payable to the member or on behalf of the member.

Additional direction is provided in Oregon Administrative Rules (OAR) Chapter 459-045.

Before payments can be paid to an AP/former RDP, PERS must receive administrable copies of court documents, signed by a judge, with proof that the decree and required PERS divorce forms have been filed in court. PERS determines whether a court order is administrable for PERS purposes.

*To comply with federal regulations, former RDPs are restricted to specific award and payment types.

For court orders from 1993 and earlier

In 1993, amendments were made to ORS 237.205 and later recodified to 238.465. These amendments allowed an AP to receive a separate account award. This allowance in the legislation applied retroactively to court orders received prior to implementation if:

  • The decree allows for the provisions or is silent.
  • Applying the changes is not inconsistent with the decree language.
    AND
  • Neither the member nor the AP are receiving payments.

The court order on file with PERS will determine what benefits are available to the AP. If the present court order conflicts with the current provisions of ORS 238.465, the parties will need to pursue an amended or modified decree if either party wishes to have the current statutory provisions apply.

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PERS charges an administrative fee when we are required to set up an alternate payee (AP)/former registered domestic partner (RDP) award.

The fee will be divided betwee​n the member and the AP/former RDP according to the fraction or percentage awarded by a court order.

The one-time fee will be deducted from the first regular benefits payment each party receives. A separate administrative fee will be applied to each account from which funds are awarded.

ORS 238.465 (9) defines the maximum limit for the one-time fee. In 2023, lawmakers passed House Bill (HB) 2284, which increased the limit starting in 2024.

Under HB 2284, the maximum fee limit is subject to change by the PERS Board each year, starting January 1. The board will adjust the limit based the previous year’s cost of living. PERS uses the Consumer Price Index (All Urban Consumers, West Region) to determine cost of living.

PERS will notify members and APs/former RDPs of their assessed fee when we notify them that their court order has been deemed administrable.

A court order is considered administrable by PERS once staff has fully reviewed the order, PERS has received all required documentation, and the agency has notified the parties involved that it's administrable. The parties notified can include the member, alternate payee, and their attorneys.

The administrative fee is assessed based on when the court order is determined to be administrable.

Divorce administrative fees and limits

Year Amount How it is applied
2026$1,371 maximumFees vary depending on the estimated costs of implementing the court order.
2025$1,331 maximumFees vary depending on the estimated costs of implementing the court order.
2024$1,300 maximumFees vary depending on the estimated costs of implementing the court order.
2023 or earlier$300 feeAll awards deemed administrable prior to January 1, 2024, will pay this fee.

How administrative expenses determine the fee

If a court order is deemed administrable after January 1, 2024, PERS will base the fee on one of the following administrative cost levels, per Oregon Administrative Rule (OAR) 459-045-0090:

  • Low administrative cost — 50% x maximum fee limit
  • Moderate administrative cost — 75% x maximum fee limit
  • High administrative cost — 100% x maximum fee limit

Remember: A member and an alternate payee/former registered domestic partner will split the overall fee, based on the award in their court order.

Examples of awards and the fees that apply

Member/account type Member’s retirement status Award type Low administrative cost fee Moderate administrative cost fee High administrative cost fee
  • Tier One
  • Tier Two
    OR
  • Oregon Public Service Retirement Plan (OPSRP)
Retired Reduction or Deduction Award — without the option to change survivor beneficiary
  • Individual Account Program (IAP)
 Either retired or not retired Separate Account
  • Tier One
  • Tier Two
    OR
  • Oregon Public Service Retirement Plan (OPSRP)
Not retired Deduction
  • Tier One
  • Tier Two
    OR
  • Oregon Public Service Retirement Plan (OPSRP)
Retired Reduction or Deduction award — with the option to change survivor beneficiary
  • Tier One
    OR
  • Tier Two
Not retired Separate Account
  • Tier One
  • Tier Two
    OR
  • Oregon Public Service Retirement Plan (OPSRP)
Not retired Reduction or Separate Benefit
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The following information is for PERS judge members only.

Oregon Revised Statute 238.505 through 238.585 governs PERS judge members.

Retirement calculations for judges are different than calculations for other PERS members.

Contact Member Services​ in cases involving PERS judge members.

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Divorce and taxes

Members and alternate payees (APs) are responsible for their own taxes on individual awards received in a property settlement. For tax reporting purposes, members and APs will receive separate 1099-R tax forms for each year in which benefits are paid.

However, for dissolutions of registered domestic partnerships, former registered domestic partners (RDP) receiving Deduction or Separate Account awards will not receive 1099-R forms because the former RDPs’ benefits will be reported as income to the members.

1099-R forms are issued by the end of January for the preceding year and cannot be issued early.

PERS recommends members and APs refer all tax questions to the Internal Revenue Service, the Oregon Department of Revenue, or a qualified tax consultant.

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Disclaimer

This webpage is for general informational purposes only and is not intended to provide legal or financial advice. If there is any conflict between this webpage and federal law, Oregon law, or administrative rules, the laws and rules shall prevail.



Contact PERS’ Divorce Unit

Submit your written, signed questions to:

Oregon PERS
Attn.: Divorce Unit
PO Box 23700
Tigard, OR 97281-3700

FAX: 503-598-0561

For additional information to include when contacting PERS, read "Questions about divorce accounts" under "General information" on this webpage.

Glossary

Administrable — Means that the instructions in a court order, as it pertains to PERS, are written in such a way that PERS can understand and execute them. A court order has been deemed administrable by PERS once staff has fully reviewed the order; PERS has received all required documentation; and the agency has notified the parties involved that it's administrable. The parties notified can include the member, alternate payee, and their attorneys.

Alternate payee — An alternate payee is a spouse or former spouse, who has a right to receive all or a portion of the retirement benefits of a PERS member. In the case of a divorce, this could be a former spouse who is awarded a portion of retirement benefits in a divorce decree.

Nonadministrable — Describes a court order that is written in a way that PERS is not able to understand it or to accommodate it under state law and agency rules.