Divorce

Divorce and Your Account

The information provided below is not intended as a substitute for the Revised Code or the Administrative Code Rules or for any state or federal law or regulation, nor will its interpretation prevail should a conflict arise between it and any law or regulation.

As an STRS Ohio member, your account may be marital property and the benefit payments you may be eligible for and/or elect to receive can be divided between you and your former spouse. The Court must issue a Division of Property Order (DOPO) providing for the division of the STRS Ohio account before any payments can be made to the former spouse. Payments are only payable at the time you elect to receive a benefit and/or lump-sum payment. Click here for further details about a DOPO.

State Teachers Retirement System of Ohio (STRS Ohio) provides retirement benefits for teachers and administrators employed by public schools, colleges and universities. It is created and governed by Chapter 3307, Revised Code, and consists of a Defined Benefit Plan (see Service Retirement and Plans of Payment brochure, Defined Benefit Plan), a Defined Contribution Plan (see Service Retirement and Plans of Payment brochure, Defined Contribution Plan) and a Combined Benefit Plan (see Service Retirement and Plans of Payment brochure, Combined Plan).

STRS Ohio is a tax-qualified governmental plan under 401(a) of the Internal Revenue Code and is not subject to the Employee Retirement Income Security Act (ERISA). Members of STRS Ohio do not participate in Social Security.

Ohio law provides that former spouses can receive a portion of a member’s benefits during the member’s lifetime. Members’ retirement benefits are also subject to income withholding orders for child support and spousal support.

Court Orders

Court Orders to Be Paid to Former Spouse After the Benefit Recipient’s Death

The court may order you to name your former spouse as beneficiary when you apply for service retirement and also select a plan of payment that provides your former spouse a monthly benefit after your death. If you and your spouse divorce after you have retired and become a benefit recipient and you selected a Joint and Survivor plan of payment with reversion, the court may order that you can remove your former spouse as beneficiary and change your plan of payment to a Single Life Annuity. The court may also order that you cannot remove your former spouse as beneficiary or change your plan of payment.

STRS Ohio has developed court orders in fillable PDF format that can be used by the court. They are not required, but STRS Ohio strongly recommends that you use the fillable orders which are available below. If you choose not to use the fillable orders, you may incorporate the language into your separation agreement or the court may use the language in its order.

Please make sure you submit your separation agreement with the order from the court about your divorce if you choose not to use the template orders.

Active Members

If you have not yet retired, the court may order you to name your former spouse as a beneficiary at the time you retire and that you also select a plan of payment that provides a benefit to the former spouse after your death. See Section 3307.60, R.C. There are three ways the amount of the former spouse’s benefit may be calculated:

  1. The court may order that the benefit to your former spouse after your death be the amount of the marital portion of your retirement benefit. The marital portion is determined by percentage of a fraction in which the numerator is the years of marriage in which you were both a contributing member in STRS Ohio and married to your former spouse. The denominator is the total years of service credit used by STRS Ohio in calculating your retirement benefit. Form available here.
  2. The court may order that the benefit to your former spouse after your death be a simple percentage of your retirement benefit. Form available here.
  3. The court may order that the benefit to your former spouse after your death be a specific dollar amount. Form available here.

The court may also order that you are not required to leave a survivorship benefit to your former spouse. Form available here.

When you apply for retirement, you will be required to submit a certified copy of the court order granting the dissolution of marriage including the separation or settlement agreement if it is incorporated into the order. STRS Ohio has the sole discretion to review the court order and determine what you are required to select at the time of your retirement and may require you to obtain clarifying orders from the court.

Alternatively, you may submit a certified copy of a court order that contains the language provided in the applicable template order linked above in lieu of submitting the entire judgment entry granting dissolution of marriage.

Frequently Asked Questions for Active Members

  1. Can I name other beneficiaries in addition to my former spouse?
    Yes. Section 3307.60(4) provides that you may name up to four beneficiaries including your former spouse. However, the amount of the benefit ordered by the court to be paid to your former spouse cannot be reduced. The total amount of the benefit to be paid to the beneficiaries cannot exceed the amount of your benefit.
  2. Does the order also apply to beneficiary designations prior to retirement?
    No. The order only applies to the beneficiary designation made at the time of retirement.
  3. Will this order provide payments to my former spouse while I am living?
    No. A Division of Property Order must be issued for your former spouse to receive a portion of your retirement benefit during your lifetime.

Benefit Recipients

If you have already retired and you selected a Joint and Survivor plan of payment that can revert to a Single Life Annuity plan of payment, you must submit a court order allowing you to remove your now former spouse as beneficiary and change your plan of payment. If you have already retired and you did not select a Joint and Survivor plan of payment that can revert, you cannot change your plan of payment. Form available here.

If your former spouse will remain your beneficiary, you are not required to submit an order, but an order may be submitted if the court deems it necessary. Form available here.

Frequently Asked Questions for Benefit Recipients

  1. What if I get married again?
    You can add your new spouse as a beneficiary within one year after your marriage. The amount to your former spouse cannot be reduced. The benefit for all beneficiaries cannot total more than 100% of your service retirement benefit.
  2. Will this order provide payments to my former spouse while I am living?
    No. A Division of Property Order must be issued for your former spouse to receive a portion of your retirement benefit during your lifetime.

Obtaining Member Account Information

In order for the Court to determine how to divide your retirement benefit, you must obtain information about your account from STRS Ohio. STRS Ohio can only provide information about your member account to:

  1. You, because you are the member,
  2. A third party with your written authorization, or
  3. A Court pursuant to an order in the member’s domestic relations action. Subpoenas are not sufficient. It must be a court order issued by an Ohio Court pursuant to Ohio Revised Code (R.C.) § 3105.87. Click here for a court order to obtain member information.

Division of Property Order

The DOPO directs STRS Ohio to make payments directly to a former spouse (referred to as “Alternate Payee”) from a monthly benefit and/or lump-sum payment that a member (referred to as “Plan Participant” or “Participant”) elects to receive or is being paid.

The DOPO must be on the form required by Ohio Adm. Code 3307-9-01. This form is required by law and cannot be altered. No additions, modifications or deletions can be made. STRS Ohio will not accept an incomplete court order as final. A DOPO must be issued by a Court in the State of Ohio. (If you are getting divorced in another state, please call STRS Ohio toll-free at 888‑227‑7877.)

DOPO review prior to filing: Draft DOPOs can be faxed to STRS Ohio’s Legal Department at 614‑744‑3343 for review prior to filing with an Ohio court. Please allow at least 15 business days for review.

Membership in multiple public retirement systems: A separate DOPO must be submitted to each public retirement program with accounts to be divided. For example, a member may have an account with STRS Ohio and the Ohio Public Employees Retirement System (OPERS) and/or the School Employees Retirement System of Ohio (SERS), so orders should be sent to each retirement program. If a participant chooses to retire on a combined basis with another public retirement program and the STRS Ohio account is being transferred to the other program, the DOPO will also be transferred with the account.

Completing a DOPO

  • This general information about completing a DOPO is provided to assist members and their attorneys and is not legal or tax advice.
  • The order must contain the current legal name, last four digits of the Social Security number, current address and current mailing address of the participant and alternate payee. The current addresses on the order must match the addresses on file with STRS Ohio.
  • The date of divorce, dissolution or legal separation must be listed on the order if the participant is receiving a benefit payment or has applied to receive a benefit payment.
  • The order must identify the types of payments to be divided. If no plan of payment or lump-sum payment is designated on the order, the alternate payee will receive payment from the first benefit payment and/or lump-sum payment for which the participant is eligible to apply for and receive. Please verify if the participant has a Defined Benefit Plan, Defined Contribution Plan or a Combined Plan and which types of payments the participant may be eligible to apply for and receive.
  • The amount paid to the alternate payee must be stated as a dollar amount or a percentage.
    • If stating the amount to be paid as a dollar amount, the following must be included:*
      • A monthly dollar amount should the participant elect a monthly benefit;
      • A monthly dollar amount and lump-sum dollar amount, should the participant elect both a monthly benefit and a Partial Lump-Sum Option Plan payment (PLOP); and/or
      • A lump-sum dollar amount, should the participant elect a one-time lump-sum payment, if the applicable type(s) of payment are designated on the order.

      *Paragraphs II(B)(a) and (b) must be fully completed even if the payment to the alternate payee is “$0.00” from the participant’s monthly and/or lump sum payment.

    • If stating the amount to be paid as a percentage, the following must be included:*
      • A percentage of a fraction applied to the periodic benefit and/or lump-sum payment with the numerator being the number of years the participant was a contributing member of STRS Ohio and married to the alternate payee. The number of marital years must be determined by the court and entered on the DOPO. STRS Ohio will not calculate the number of marital years.
      • The denominator will be the participant’s total years of service credit determined by STRS Ohio at the time the participant elects to receive a monthly benefit and/or lump-sum payment. If you are not retired, this fraction is multiplied against the periodic benefit and/or lump-sum payment the participant elects to receive, not the periodic benefit or lump-sum payment the participant was eligible to receive at the time of the divorce. (The only periodic benefit STRS Ohio issues are monthly benefit payments.)
      • If you are a benefit recipient, the fraction is multiplied against the gross monthly benefit you were receiving at the time the divorce decree, dissolution or legal separation became final.

      *Both Paragraphs II(B)(2)(a) and (b) must be completed even if the percentage is 0%.

  • If the participant is enrolled in the Defined Contribution Plan, the amount to be paid to the alternate payee must be stated as a percentage of a fraction.
  • If the benefit to be divided is a reemployed retiree annuity or a reemployed lump-sum payment under R.C. § 3307.352, the amount payable to the alternate payee must be stated as a dollar amount.
  • If the participant may be eligible for more than one benefit or lump-sum payment (such as a service retirement benefit and a reemployed retiree benefit) the amount, if any, to be paid to the alternate payee from each benefit or lump-sum payment must be stated on the order. In certain instances, more than one DOPO filed on the same date may be required to specify the amount payable to the alternate payee for each benefit type.

Submitting a DOPO

A certified copy of the DOPO issued by the court must be transmitted to STRS Ohio by the Ohio Clerk of Courts pursuant to R.C. § 3105.88. STRS Ohio will determine if the DOPO transmitted by Ohio Clerk of Courts complies with R.C. §§ 3105.80 to 3105.90. A DOPO that does not comply with these sections of the law will be rejected by STRS Ohio within 60 days after receipt. A copy of the rejection letter sent to the Ohio Clerk of Courts will also be sent to the participant, alternate payee, and attorneys listed on the DOPO, if applicable.

STRS Ohio will confirm the receipt and retention of a DOPO that is compliant with R.C. §§ 3105.80 to 3105.90, in writing to the Ohio Clerk of Courts (pursuant to R.C. §§ 3105.88 and 3307.37). A copy of the retention letter sent to the Ohio Clerk of Courts will also be sent to the participant, alternate payee, and attorneys listed on the order, if applicable.

STRS Ohio will charge an administrative fee for processing payments under a DOPO, at the time the alternate payee becomes eligible to receive a DOPO payment. The fee is equal to the lesser of $400 or 1% of the amount the participant is or would be eligible to receive as a lump-sum payment under the participant’s plan. The fee is deducted before the calculation of the limit specified by R.C. § 3105.85, and is divided equally between the plan participant and alternate payee.

Child Support Order

STRS Ohio will withhold child support from your retirement benefit or lump-sum payment upon receipt of a support withholding order. There is not a specific form for a support withholding order, but it has to be issued in accordance with R.C. Chapters 3119, 3121, 3123, 3125 or § 3115.50. The order will require STRS Ohio to deduct a specified amount from the member's monthly benefit or lump-sum payment and forward it to the Ohio Child Support Payment Central Office on your behalf.

If you are not receiving a monthly benefit or a lump-sum payment, STRS Ohio cannot honor the support withholding order. When you file to receive a monthly benefit or lump-sum payment, STRS Ohio will notify the agency that you will begin receiving benefits and give the agency a deadline for submitting a new support withholding order. Your monthly benefit or lump-sum payment will not be processed until the deadline is passed.

Once STRS Ohio begins withholding support pursuant to an order it cannot stop withholding until it receives a subsequent order changing or stopping the child support withholding. You must obtain the order if you believe the amount of your child support should change or that you should not be obligated to pay child support anymore.

Beneficiary Designation

Divorce, marriage dissolution or legal separation revokes a previously filed beneficiary designation and invokes the statutory succession:

  1. Spouse
  2. Qualified Children
  3. Non-qualified children (share equally in a withdrawal of the STRS Ohio account)
  4. Dependent parent, if monthly benefits are elected
  5. Parents (share equally in a withdrawal of the STRS Ohio account)
  6. Estate

Beneficiary information can be updated through your Online Personal Account by selecting “Recipient Account” at the top of the page and then selecting “Update Death Benefit Beneficiaries” under Useful Links. Click here to log in to your Online Personal Account. This information can also be updated by completing and returning the Beneficiary Designation, or by contacting the Member Services Center toll-free at 888‑227‑7877 (Monday through Friday, 8 a.m.–5 p.m.). For more information about survivor benefits, please refer to the Survivor Benefits brochure.

Disclaimers

This information is a summary written in plain language for use by STRS Ohio members. It is not intended as a substitute for the Ohio Revised Code or the Ohio Administrative Code or for any state or federal law or regulation, nor will its interpretation prevail should a conflict arise between it and any law or regulation. This general information about completing a Division of Property Order is provided to assist members and their attorneys and is not legal or tax advice.