Divorce After Retirement

DISCLAIMER      

The information on our Website is for general purposes only and is not designed to address the specific circumstances of your case. Also, issues regarding retirement benefits divided by a Domestic Relations Order may involve complex Community Property laws, other marital or tax issues. WCERS strongly encourages you to seek independent legal advice. WCERS will not provide legal advice. 

THE PROCESS TO FILE AN ELIGIBLE DOMESTIC RELATIONS ORDER (EDRO), QUALIFED DOMESTIC RELATIONS ORDER (QDRO), AND/OR DOMESTIC RELATIONS ORDER (DRO) 

1.    Participant in the Wayne County Employees’ Retirement System files for a divorce with the Circuit Court. 

2.    The Circuit Court provides the parties with an official Judgment of Divorce that includes  a case and docket number that is assigned to both of the parties. 

3.    The Judgment of Divorce establishes the financial rights each party has to the estate, this includes (if any) the rights the alternate payee (ex-spouse) may have in the participants retirement account. 

4.    The participant and alternate payee has the duty to inform the Wayne County Employees Retirement System of the Divorce and provide a copy of the EDRO/QDRO/and/or DRO, stating what rights, if any, the alternate payee is entitled to. 

5.    Parties may submit a draft of the proposed Order for preapproval. 

6.    Upon receipt of the Court Executed EDRO, DRO, and/or QDRO, the Executive Director or Deputy Director shall notify the parties who will be affected by such Order by sending an "Acknowledgement of Receipt” letter. 

7.    The Retirement System shall review the Order and the Retirement System records to determine the appropriate Plan(s) applicable to the participant then subject to the terms of the Order and shall process the Order in accordance with its procedures. If the Order fails to comply, a notice will be sent to the parties to amend. 

8.    Any fees associated with the Review and/or Certification of an Order, will be invoiced to the parties per the Order. 

ALTERNATE PAYEES’ RESPONSIBILITIES 

It is the alternate payees’ obligation to monitor when he/she will be eligible to collect any benefits. There will be no communication sent from the Wayne County Employees’ Retirement System. It is the sole duty and responsibility of the alternate payee to be informed of their benefit rights.  

Questions regarding this information, contact our office at (313) 224-2816.