Skip to main content

In terms of a NYS employee pension, a DRO is issued upon a divorce. Is a separation agreement legally the same a a divorce?

Stony Point, NY |

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.

+ Read More

Attorney answers 1


You newed to be divorced and to show the plan administrator the judgment of divorce. You may want to get a copy from the plan administrator of what language they want in a court order to divide a pension at the end of the case. With NYS pensions, sometimes it takes a very long time to complete the process.

Business topics

Recommended articles about Business

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer