Updated October 21, 2026. Quick answer: Pennsylvania SERS says the part of a SERS pension earned during marriage is marital property, and that a SERS-approved domestic relations order (DRO) sets how much of the pension is divided. Every DRO must be approved by SERS before it takes effect, and the handbook says the federal QDRO rules do not apply to a governmental plan like SERS. Support orders follow their own steps, including a ceiling and an administrative cost.
What this section covers
The SERS Defined Benefit Plan Member Handbook has a section headed Domestic Relations and Support Orders. It begins “A court may issue an order requiring payment from your SERS pension for spousal and child support, or for equitable distribution of marital assets.” This page covers both halves: the DRO that divides marital property, and the support order.
The pension decision itself is on Pennsylvania SERS retirement decisions; how a divorce changes money more broadly is on divorce and your money.
Who it applies to
The section is written to a SERS member whose pension is the subject of a court order. It makes one distinction about timing: “While courts may order payment when you are actively contributing toward your pension,” “payments cannot be made until you retire or die.”
The rules for a divorce order, one by one
Each right-hand cell is a sentence from the handbook.
| Rule | What the handbook says |
|---|---|
| Marital property | “The portion of a SERS pension earned during marriage is marital property.” |
| What an approved order does | “A SERS-approved DRO will specify how much of your pension (a portion or all) will be subject to the equitable distribution of marital assets.” |
| Federal QDRO rules | “do not apply to governmental pension plans like SERS.” |
| Without a court order | “in the absence of an appropriate court order, you may take any action regarding your SERS benefit without providing notice to or requesting consent from any person, including your spouse.” |
| SERS approval | “All DROs must be approved by SERS for compliance with the Retirement Code before they become effective.” |
| Review before filing | “we encourage you or your attorney to send a draft of your DRO to” “SERS Chief Counsel’s Office” “for review before filing with the court:” |
| When payments can start | “payments cannot be made until you retire or die.” |
| When court-ordered payments stop | “Court-ordered payments will stop if you return to work for a SERS-participating employer or you forfeit your pension as the result of a criminal conviction of certain crimes.” |
| Timing at retirement | “having a domestic relations order (DRO) as part of a divorce settlement” “can significantly delay receipt of your first pension payment.” |
The rules for a support order
Under the heading Support Orders the handbook sets out the following.
| Rule | What the handbook says |
|---|---|
| What the order must contain | “The court’s order must include your name, Social Security number, amount of attachment, Pennsylvania Automated Child Support Enforcement System case number (when support is for a minor), judge’s signature, and the date.” |
| Where payments are forwarded | “which then forwards the payment to the appropriate county Domestic Relations Office or Family Court Division, or to the address stated on the support order.” |
| The ceiling | “A support order cannot exceed 50% of your pension, unless support payments are more than 12 weeks past due at the time the order is filed by the court.” |
| The administrative cost | “The cost to administer a support order is 2% of the attachment, which is deducted from your gross monthly pension payment.” |
Where the order meets the payment option
The handbook’s description of Option 4 says it is used “in those cases when a member must share his or her monthly pension with a former spouse in accordance with a SERS-approved Domestic Relations Order.”
The Code does not confine the order to Option 4. Section 5953.1(a)(4) says an approved domestic relations order specifies the retirement option to be selected by the member upon retirement or “states that the member may select any retirement option offered by this part upon retirement”.
For Options 2 and 3 it says “you cannot change it later unless your survivor dies, or you get married or divorced.” On a beneficiary named before a divorce it says “will depend on the date of your designation and your state of residency at the time of death.” Survivor choices are covered on survivor benefits from a government pension.
A worked illustration, not a handbook example
Take an invented monthly pension of $1,600 (invented, for the computation) and an invented support attachment of $400 (invented, for the computation) a month. Using the handbook’s two stated rules: the ceiling of 50% of the pension is $800 (computed) (1,600 x 50% = 800), so a $400 attachment is within it; the administrative cost of 2% of the attachment is $8 (computed) (400 x 2% = 8), deducted from the gross monthly pension payment. These inputs are invented to show the arithmetic. The handbook also lists an exception for support more than 12 weeks past due, which this illustration does not model, and your own order controls.
What to do and where to look
The handbook says “Guidelines for drafting a SERS-approved DRO and a Sample DRO are provided on our website to use in drafting your DRO.” The Pennsylvania tax treatment of the pension payments is a separate question, covered on whether Pennsylvania taxes pensions. For the tax side of dividing retirement money, see what a QDRO must say.
Edition
This page reads Pennsylvania State Employees’ Retirement System (SERS), Defined Benefit Plan Member Handbook, the current file Pennsylvania SERS served on 2026-10-21. Check the edition and your own class of service on your own member account; the handbook’s text controls over this summary.
Common mistakes
- Assuming a spouse must sign off on a SERS decision. The handbook says “you may take any action regarding your SERS benefit without providing notice to or requesting consent from any person, including your spouse.”
- Expecting a divorce order to take effect when the court signs it. The handbook says “All DROs must be approved by SERS for compliance with the Retirement Code before they become effective.”
- Expecting a share of the pension to be paid while the member is still working. The handbook says “payments cannot be made until you retire or die.”
Related: Pennsylvania SERS retirement decisions, divorce and your money, survivor benefits from a government pension, what a QDRO must say, and whether Pennsylvania taxes pensions.
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Answer againSources
- Pennsylvania State Employees’ Retirement System (SERS), Defined Benefit Plan Member Handbook: sers.pa.gov
- Related official page (not quoted): Pennsylvania SERS home page: www.sers.pa.gov
Read from the pension system handbooks linked above on October 21, 2026. General information, not tax advice. Your own facts decide the outcome, and a pension system or a qualified professional is the right place to confirm anything consequential.