Divorcing

Qualified Domestic Relations Orders

A Qualified Domestic Relations Order (QDRO) is a special court order, separate from the divorce decree, which specifies how pension assets will be divided following a divorce. Members or their attorney must submit the QDRO to IPERS so we can determine if it can be administered. If so, IPERS will qualify, or accept it for future administration. To qualify an order, it must:

• Be signed by a duly appointed judicial official.
• Be filed in accordance with applicable laws and procedures (Iowa Code section 97B.39, 495 Iowa Administrative Code 16.2 (97B) and the IRS). 

IPERS does not determine what should be included in the order, other than the mandatory paragraphs. If you and your former spouse can agree to divide other marital property equitably, a QDRO may not be necessary.

Sample QDRO

While IPERS does not generate QDROs or other divorce documents, a model QDRO and QDRO instruction packet is available to assist you. It includes:

• Mandatory, permitted and prohibited provisions.
• Summary of the legal requirements.
• Practical pointers on drafting a QDRO.

Using the model and instruction packet helps expedite IPERS' review and acceptance of a proposed or final order.

Divorce before retirement

• View the sample QDRO model.
• View the QDRO model instruction packet.

Divorce after retirement

• View the sample QDRO model.
• View the QDRO model instruction packet.

Important Forms

The model QDROs and instruction packets reference several important forms a member may need to complete.

• Confidential Information Form
• Administrative Rule Compliance Form
• Waiver of 30-Day Appeal Period

Designating a beneficiary when a divorce is involved

Following a divorce, if your former spouse or a relative of your former spouse is still listed as a beneficiary on your IPERS account, you may wish to review whether the designation could or should be updated. 

If you have not retired yet, you may update your beneficiary designation at any time using the Beneficiary Designation form. However, if your designation is not updated, regardless of a divorce, IPERS will pay any preretirement death benefits to the last beneficiary(ies) designated on file. 

If you are retired and already receiving benefits, you can change your beneficiary designation for any lump-sum post-retirement death benefit that may be payable, if you selected Option 1, 2 or 5. However, you cannot change your contingent annuitant if you selected Option 4 or 6, a joint and survivor annuity, even after divorce. 

Seek the advice of your divorce attorney, as your divorce decree may not allow you to change your beneficiary. Additionally, if you have a QDRO on file following the divorce that awards death benefits (pre- or postretirement) to your former spouse, a new beneficiary designation will apply only to the remainder of any death benefits not specified in the QDRO to be paid to your former spouse. 

To change your beneficiary designation, complete and submit a new Beneficiary Designation form following your divorce. Information about submitting the updated designation with a QDRO on file is on the back of the form. Your spouse must sign the form until the divorce is final.

View a list of frequently asked questions for members or attorneys.