Divorce & the Division of Marital Property

These forms, as required in KRS 161.700 and 102 KAR 1:320, cannot be altered.

Supreme Court Ruling on Treatment of Teachers’ Pensions in Divorce Proceedings

House Bill 289 (2010 RS), which took effect as law on July 15, 2010, requires TRS to accept qualified domestic relations orders (QDROs). QDROs may be issued by a court of law to award a portion of a member’s service retirement allowance, disability retirement allowance or termination refund for the benefit of a spouse, child or other dependent. Members’ retirement allowances were already potentially and conditionally subject to classification and division as marital property as a result of the Kentucky Supreme Court ruling in the case of Shown v. Shown, 233 S.W. 3d 718 (Ky. 2007). The effect of HB 289, therefore, is that a member’s retirement allowance, or termination refund, can now be divided by a court between the member and ex-spouse as TRS issues payment, rather than a court ordering that the payment be divided by the member once he or she receives it.

The TRS administrative regulation, 102 KAR 1:320, identifies the procedures for filing a QDRO with TRS. The administrative regulation also incorporates by reference the forms necessary for processing a QDRO, including the QDRO form itself. TRS will administer a QDRO prospectively; however, the QDRO must be on the form designated by TRS in order to be accepted or enforced.

Links to the QDRO forms and the administrative regulation 102 KAR 1:320 can be found below this paragraph. TRS cannot provide legal advice to members. Therefore, if you have questions about how a QDRO or the Shown case might apply to your individual circumstances, you should consult with your  attorney.

QDRO Forms

The printed language Qualified Domestic Relations Order to Divide Teachers’ Retirement Benefits (QDRO) cannot be altered. The QDRO will be rejected by TRS if the printed language is altered in any manner. (See KRS 161.700 and 102 KAR 1:320).

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These forms cannot be altered.