Domestic Relations Order (DRO)

If you or your spouse have a pension or other retirement benefits, a Domestic Relations Order (DRO) may be required to divide those assets after a divorce. A DRO is a court order that directs a retirement system to pay a former spouse the portion of retirement benefits awarded under the Judgment of Divorce or settlement agreement.

For New York public retirement systems, such as police, fire, teacher, and state employee pensions, a DRO (not a Qualified Domestic Relations Order (QDRO)) is generally used because these governmental plans are exempt from ERISA.

The DRO must comply with the specific requirements of the retirement system before any benefits can be distributed. Properly preparing a DRO is critical, as mistakes can delay payment or prevent an ex-spouse from receiving the retirement benefits to which they are entitled.