Court Orders & Legal Issues

Certain legal events, such as divorce, may impact your SCERS retirement benefit. While your SCERS account is protected under state law, it can be subject to specific court orders. This section explains how those orders are handled.

Domestic Relations Orders (DROs)

If you divorce or legally separate, your SCERS benefits may be considered community property, and the court may issue a Domestic Relations Order (DRO) to divide your account.

Key points:

• SCERS will follow a court-approved DRO that complies with California law and SCERS policy
• A DRO may divide your contributions, split retirement payments, or direct survivor benefits
• You must provide a file-stamped copy of the court order to SCERS
• SCERS offers model DRO language to help your attorney prepare a compliant order

You cannot receive your retirement benefit, or a refund of your contributions, until a valid DRO issue is resolved if your SCERS account is affected.

SCERS’s Role

SCERS cannot provide legal advice but will:

• Confirm receipt of any court orders that affect your benefit
• Explain what impact, if any, the order has on your SCERS account
• Work with you and your legal representative to ensure compliance with the law

If you are involved in a legal matter that may affect your SCERS benefits, provide documents to SCERS as early as possible. Doing so helps avoid processing delays or unintentional benefit issues.