State of Alaska

Department of Administration

Division of Retirement and Benefits

Alaska Department of Administration, Retirement and Benefits, Retirement Section
Administration > Division of Retirement and Benefits > Divorce Before Retirement
 

Divorce Before Retirement

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In Alaska, retirement benefits from the:

are all considered to be jointly “owned” by members and their spouses. Upon a divorce or dissolution of marriage, these benefits may be divided between you and your spouse or awarded to you only. The following points should be considered if you end your marriage.

PERS and TRS members

This brochure only applies to PERS Tiers I, II, and III, and TRS Tiers I and II. If you entered a PERS or TRS position on or after 7/1/2006, refer to the PERS/TRS Defined Contribution Retirement Plan booklet.

What Tier am I?

Benefits do not have to be split!

Generally, retirement benefits are considered jointly held assets in a similar manner as the house, the car, bank accounts, or other items of value. But, at times, benefits are not divided if the member and spouse have agreed to exchange other assets instead of splitting the retirement benefits.

If you retain full “ownership” of your benefit, your property settlement must clearly state your account is not to be divided and you have full ownership-- specify the retirement plan by name. If you have multiple accounts (like PERS, SBS-AP, and DCP), your divorce or dissolution documents should individually name each account and clearly declare your former spouse has no claim against that specific account. Do not group your various accounts together under a generic term such as “Retirement Benefits.”

You must submit to the division court-certified copies of your divorce or dissolution documents, including any attachments that may address your retirement plans. If the documents show your benefits were not split, your accounts will be cleared from any attachment from your divorce or dissolution. If your benefits were divided, additional information will be needed.

If PERS, TRS, JRS, or NGNMRS benefits are divided:

PERS, TRS, JRS, and NGNMRS all allow a former spouse to have an entitlement to a portion of the member’s benefit. However, certain rules apply:

  • The accounts are not divided at the time of the divorce or dissolution;
  • The member retains the right to decide when to retire and has great latitude relative to the retirement option elected;
  • The former spouse (called the “alternate payee”) is entitled to only some portion of the member’s monthly benefit payment;
  • The alternate payee’s portion is paid only when the member receives benefits; and
  • The alternate payee may not name beneficiaries for continued payments after his or her death.

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