On the NYS pension website, they say that any pension arrangements made in the separation agreement are not enforceable. It goes on to state that a DRO is the only enforceable document to distribute pension benefits to an ex-spouse. It continues to state that a DRO is only issued upon a divorce decree by a judge. My husband and I will not be divorcing. We plan to sign a separation agreement for the benefit of continued health insurance. Can a DRO be issued after a separation agreement is signed, or will we need to file for a divorce upon his retirement to get one? We also do not plan to file the separation agreement with the court, as we are agreeing to not divorce without mutual consent.