Divorce After Retirement

 

DISCLAIMER

The information provided on this website is for general informational purposes only and is not intended to address the specific circumstances of any individual case. Matters involving the division of retirement benefits pursuant to a Domestic Relations Order may involve complex issues, including community property, marital, and tax considerations.

The Wayne County Employees’ Retirement System (WCERS) strongly encourages all parties to seek independent legal counsel. WCERS does not provide legal advice.

PROCESS FOR FILING AN ELIGIBLE DOMESTIC RELATIONS ORDER (EDRO), QUALIFIED DOMESTIC RELATIONS ORDER (QDRO), AND/OR DOMESTIC RELATIONS ORDER (DRO)

  1. The participant files for divorce with the Circuit Court.

  2. The Circuit Court issues a Judgment of Divorce, which includes an assigned case and docket number for both parties.

  3. The Judgment of Divorce establishes the financial rights of each party, including any entitlement the alternate payee (ex- spouse) may have to the participant’s retirement benefits.

  4. The participant and alternate payee are responsible for notifying WCERS of the divorce and providing a copy of the EDRO, QDRO, and/or DRO specifying any rights awarded to the alternate payee.

  5. Parties may submit a draft of the proposed Order to WCERS for pre-approval prior to court submission.

  6. WCERS will review the Order and applicable retirement plan records to determine compliance. If the Order does not meet requirements, WCERS will notify the parties to make necessary amendments.

  7. Any fees associated with the review and/or certification of an Order will be invoiced to the parties in accordance with the terms of the Order.

ALTERNATE PAYEE RESPONSIBILITIES

It is the responsibility of the alternate payee to monitor and determine when they are eligible to receive any benefits. WCERS will not issue notifications regarding eligibility or payment. The alternate payee must remain informed about their benefit rights.

For questions regarding this information, please contact our office at (313) 224-2816.

 

 

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