Divorce and IPERS Benefits
Qualified Domestic Relations Orders (QDROs) |
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QDROs and IPERS' Role
A Qualified Domestic Relations Order (QDRO) is a special court order that individuals obtain in divorce that specifies how their pension assets and property will be divided. A QDRO is not an alimony award. Please note that a QDRO is not always necessary in situations of divorce. If you and your spouse or former spouse can agree to divide other marital property equitably, then IPERS benefits may not need to be divided and there may not be a need for a QDRO.
An IPERS QDRO must be a final judgment, decree, or order. If an order has not been signed by a duly appointed judicial official and filed in accordance with applicable laws and procedures, the order may be a domestic relations order, but it will not be an IPERS QDRO. An IPERS QDRO must satisfy the requirements of Iowa Code section 97B.39 and 495 IAC 16.2 (97B).
The person who is being awarded a share of your IPERS benefit is referred to as an "alternate payee."
What Is IPERS’ Role?
- IPERS provides IPERS benefits to you and the alternate payee according to the terms of the QDRO.
- IPERS does not represent either party and cannot give partisan legal advice to you or the alternate payee.
As you begin to prepare a QDRO, it is a good idea to get a copy of IPERS' Model QDRO language located at the bottom of the Member Forms page. The model includes mandatory and optional provisions, a summary of the legal requirements, and some practical pointers on how to draft an IPERS QDRO. Use of the model materials will help expedite review and acceptance of a proposed or final order.
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