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NYS Comptroller

Thomas P. DiNapoli

Preparing for Retirement

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Part Five: Divorce and Your Pension

Divorce and Your Pension

Domestic Relations Order (DRO)

  • 3 to 12 months before retiring:
    • Verify we have a valid DRO on file

No benefit can be paid until we’re able to determine the amount due your ex-spouse. Contacting us well before your retirement date will help to prevent any unnecessary delays in the processing of your pension.

If you’re in the process of getting a divorce, the New York State (NYS) Court of Appeals has determined that retirement benefits are considered marital property and subject to the equitable distribution provisions of the Domestic Relations Law.

What that means is when divorcing, you must come to an agreement with your ex-spouse on how your pension is to be divided. Or, you can have the court decide.