Divorce is one of the most difficult life events anyone can go through — emotionally, personally, and financially. For Florida Retirement System (FRS) members, a major question often arises:
“What happens to my pension, DROP, or Investment Plan balance if I get divorced?”
FRS benefits can be divided in a divorce, but the details depend on Florida law, the court’s judgment, and how the divorce settlement is written. While every situation is different, it’s important to understand the fundamentals of how FRS treats retirement benefits when a marriage ends.
This post explains the general rules in plain language — without offering legal advice — so you have a better understanding of what may happen.
In Florida, retirement benefits earned during the marriage are typically considered marital property, meaning they can be subject to division in a divorce. This includes:
FRS Pension Plan benefits
DROP balances
FRS Investment Plan balances
Service credits earned during the marriage
Any increases in pension value that occurred while married
Anything earned before the marriage, or after the official date of separation (if applicable), may be considered non-marital — but that depends on the final judgment.
To divide FRS retirement benefits, the court must issue a Qualified Domestic Relations Order (QDRO) or an Income Deduction Order that meets FRS requirements.
A proper court order will specify:
Which benefits are being divided
The exact percentage or dollar amount
Whether the division is based on the marital portion only
How payments will be made
Whether survivor benefits are included
Important:
FRS cannot divide benefits without a proper court order. The language must meet specific FRS standards.
If the member is in the Pension Plan, the court order may award a portion of the retiree’s monthly pension to the former spouse.
Key points:
The benefit must be payable for FRS to distribute it (i.e., member must be retired before payments begin).
The former spouse receives payments directly from FRS, based on the court order.
Survivor benefit choices made at retirement can affect what a former spouse receives, so these decisions must be made carefully.
If the divorce happens before retirement, the court may include language requiring the member to select a certain payout option at retirement (usually to ensure the former spouse receives their share).
If the member participates in DROP, the accumulated DROP balance can be considered a marital asset.
This means:
The court order can award the former spouse a portion of the DROP balance.
FRS will distribute that portion directly to the former spouse once DROP ends and the funds are payable.
If the member is already in DROP during the divorce, only the portion earned during the marriage is typically subject to division — depending on the judgment.
If the member is in the FRS Investment Plan, the account can be divided using a court order similar to how a 401(k) might be divided.
FRS will:
Establish a separate account for the former spouse
Transfer the court-ordered percentage or amount
Allow the former spouse to roll their portion into another qualified account
The former spouse does not become an FRS member; they simply receive their portion as a distribution or rollover.
One of the most overlooked areas in FRS divorces is survivor benefit protection.
In the Pension Plan, survivor benefits depend on the payment option selected at retirement.
A divorce settlement may require the member to choose a specific benefit option to protect the former spouse’s share.
Survivor benefit elections are often permanent — reviewing this early is critical.
If the member dies before retiring, different rules apply, and the former spouse may or may not be eligible based on the court order and state law.
The HIS benefit (currently $7.50 per year of service, max $225/month) is treated like pension income.
If the pension is divided, HIS is typically divided proportionally as well, unless the court order specifies otherwise.
The former spouse’s portion is paid directly from FRS.
Divorce can affect every part of your financial life — including your FRS benefits. Your Pension Plan, DROP account, or Investment Plan balance may all be treated as marital assets, depending on when they were earned and how the court order is written.
The most important steps are:
Understand which benefits are subject to division
Ensure the court order meets FRS rules
Consider the long-term effects on survivor benefits and retirement income
Review your beneficiary designations after the divorce is final
Clear planning can help reduce confusion and protect both parties from unintended outcomes.