This summary is an informal presentation of the TMRS Act and related law, and if any specific questions of fact or law should arise, the statutes will govern.
Divorce and Separation of Benefits
Divorce and Your TMRS Benefit
Certified Copy of the QDRO
Benefits Not Divided
Divorce After Retirement from TMRS
Removing Former Spouse as Beneficiary
If you divorce, your TMRS retirement benefit may be involved in the settlement or division of property. In the event of a divorce, TMRS encourages the member to contact us as soon as possible in the process. The TMRS Support Services Team can be reached toll free at (800) 924-8677 or by e-mail at divorce@TMRS.com.
A publication containing detailed information on divorce and TMRS benefits may be found here.
Divorce and Your TMRS Benefit
Texas is a community property state, which means property acquired during your marriage is owned by both you and your spouse. Any TMRS retirement benefit earned during marriage is community property.
Dividing your TMRS benefit requires a special form known as a Qualified Domestic Relations Order (QDRO - pronounced QUAD-RO). A QDRO is usually a separate document from your divorce decree, though, in some cases, a QDRO may be contained within the divorce decree.
The QDRO will specify what portion of your benefit will be paid to your former spouse. When you begin to receive a TMRS benefit, the portion specified in the QDRO will be paid to your former spouse. Likewise, if you withdraw your member deposits and interest, the QDRO will govern what portion your former spouse receives.
Your TMRS benefit does not have to be divided between you and your former spouse. In this case, TMRS requires specific language in the divorce decree to specify that the benefit is not to be divided.
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Certified Copy
TMRS requires a Certified Copy of the QDRO or divorce decree, before any benefit can be paid or deposits withdrawn. A Certified Copy is one that is certified with the original stamp and seal, plus the signature of the clerk of the court in the county where the divorce was heard. A Certified Copy is not a document bearing only the seal of a Notary Public.
TMRS has a team of employees trained to handle the many issues that can arise when TMRS benefits are part of a divorce settlement. Please call the team whenever you need assistance with a division of benefits. Also, TMRS has a publication designed to help attorneys who are dealing with TMRS benefits in a divorce settlement that can be downloaded here.
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Divorce After Retirement with TMRS
If you divorce after you retire from TMRS and your retirement benefit is to be divided, a QDRO is required. Please call TMRS immediately for assistance.
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Removing Your Former Spouse as Beneficiary
If you retired under a Survivor Lifetime option, and divorced after retirement, the divorce decree or QDRO may allow TMRS to remove your former spouse as beneficiary. If this occurs, TMRS may also be able to increase your future benefit payments to the monthly amount you would have received had you originally selected a Retiree Life Only benefit. Please contact TMRS for assistance with this provision.
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