Updated October 21, 2026. Quick answer: The Ohio SERS Member Benefits Guide says a court can order SERS to withhold support from a payment, and that a Division of Property Order (DOPO) can direct SERS to pay part of a payment to a former spouse. The total deducted under a DOPO cannot exceed 50% of the benefit, and the former spouse cannot be paid until the member is paid.
What this covers
The guide’s retirement section has a short part headed DIVORCE. The refund section repeats one point. This page quotes both. For the wider choices, see Ohio SERS retirement decisions and public pension retirement decisions.
What the guide says
Each row is the guide’s own wording.
| Topic | What the guide says |
|---|---|
| Support order, limit on the deduction | “The total amount of support that can be deducted from your payment cannot exceed 50% of your payment after taxes if you are supporting another spouse or child; or, 60% after taxes if you are not supporting another spouse or child.” Federal law raises both ceilings for older arrears. Section 1673(b)(2) of title 15 of the U.S. Code provides that the 50 per centum “shall be deemed to be 55 per centum and the 60 per centum specified in clause (B) shall be deemed to be 65 per centum” for earnings subject to garnishment to enforce a support order for a period before the twelve-week period ending when the workweek begins. Ohio section 3121.03 caps withholding at the maximum permitted under that federal section. |
| Division of Property Order (DOPO) | “a court order that requires SERS to pay a portion of your payment to a former spouse for purposes of dividing your marital property.” |
| Limit on a DOPO | “The total amount deducted from your benefit cannot exceed 50% of your benefit amount.” The statute lowers that ceiling when support is also withheld. Section 3105.85(C) bars withholding that “exceeds the difference between fifty per cent of the benefit or payment and the percentage of the benefit or payment that is or will be paid under orders described in section 3111.23 or 3113.21 of the Revised Code”. |
| When the former spouse is paid | “cannot receive payment until you receive payment.” |
| If a refund is taken | “A refund may be subject to any support orders or division of property orders (DOPO) that were issued in divorce proceedings.” |
Support orders
“If you are subject to a court order to provide support for your spouse, former spouse, or children, the court can order SERS to withhold a specific amount from any SERS payment to you and send it to the Office of Child Support.”
A Division of Property Order
The guide says “Your former spouse receives payment in the same manner as you do (lump sum or monthly)” and “Payment to your former spouse stops when you stop receiving a payment.”
A court-ordered survivor plan
“Ohio law allows a court to order you to elect a retirement plan with your former spouse as beneficiary under a joint life plan.” The guide gives the conditions: “The order must be issued as part of your divorce proceedings, specify the amount of the survivorship portion, and be issued prior to the effective date of your retirement.” For a married member the statute adds a condition. Section 3309.46(B)(1) requires that the member “elects ‘plan F’ and designates the member’s current spouse as a beneficiary under that plan unless that spouse consents in writing to not being designated a beneficiary under any plan of payment or the board waives the requirement that the current spouse consent”.
What the guide does not say
The section gives no model order language, no division percentages and no dollar example. How a pension is divided in practice is a matter for the court order and SERS; see the related QDRO guides on this site, such as what a QDRO must say and divorce and your money. How a survivor choice works is on survivor benefits from a government pension.
Edition
This page reads the School Employees Retirement System of Ohio (SERS), Member Benefits Guide, the file Ohio SERS served on 2026-10-21; the guide prints “Revised 1/2026”. It describes SERS, the school employees system. Teachers (STRS) and other public employees (OPERS) belong to different Ohio systems, and Ohio law and your own member account control over this summary.
Common mistakes
- Reading the 50% limit as a promised share. The guide states a ceiling: “cannot exceed 50% of your benefit amount.”
- Expecting the former spouse to be paid first. The guide says the former spouse “cannot receive payment until you receive payment.”
- Ordering a survivor plan after retirement. The guide says the order must be issued “prior to the effective date of your retirement.”
Related: Ohio SERS retirement decisions, public pension retirement decisions, divorce and your money, and what a QDRO must say.
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Answer againSources
- School Employees Retirement System of Ohio (SERS), Member Benefits Guide: www.ohsers.org
- Related official page (not quoted): Ohio Revised Code, School Employees Retirement System chapter: codes.ohio.gov
- Related official page (not quoted): IRS, Retirement topics: Divorce: www.irs.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.