How a breakup could affect benefits
Rising trend of ‘grey divorce’ may have implications for members
By Betsy Butler, Ohio Public Employees Retirement System
Aug. 4, 2021 – For more than a decade, the divorce rate for Americans over the age of 50 has been on the rise. In fact, more than half of these divorces occur among couples who have been married for more than 20 years.
Bowling Green State University researchers uncovered this demographic trend in 2012 and have been tracking the causes and implications of “gray divorce” ever since. Bill and Melinda Gates’ decision to part ways after 27 years of marriage turned the trend into a hot topic. It challenges us to consider our expectations of marriage, the realities of midlife transitions and the importance of a secure future for those who stay independent after divorce.
Finding fulfillment may prompt re-evaluating a relationship, starting a new chapter in a longer life, evolving relationships with a former spouse and the potential financial challenges faced by those who stay independent after divorce as they age. After a gray divorce, the standard of living has been found to drop by 45 percent for women and by 20 percent for men. It’s also harder for older people to recover from these financial changes, research finds.
Here at OPERS, associates periodically gather to learn about and discuss topics that impact or interest them. Some relate to our system’s business processes and benefit structures; others focus on job competencies and enhance career development. One recent offering explored the gray divorce trend and how an OPERS retirement account may be impacted in divorce proceedings.
Under Ohio law, retirement accounts that accrue during a marriage are marital property and may be subject to division. Retirement accounts may also be subject to withholding orders for child and/or spousal support. Retirement account information will likely need to be provided to attorneys and the court. As OPERS account information is confidential under Ohio law, account information can be released only with the retirement system member’s written authorization to OPERS.
When divorce/dissolution is granted, the OPERS account is addressed in the divorce/dissolution decree as part of the marital property division. If a former spouse has an interest in an OPERS account due to the marital property division, a Division of Property Order may be issued. This court order allows OPERS to make payments to a member’s former spouse during the member’s lifetime, when the member receives payment from an OPERS account.
In the divorce/dissolution decree and/or Separation Agreement, the court may order the member to designate the former spouse as beneficiary on a joint and survivor annuity plan of payment at retirement. The court may also order child or spousal support withholding. Divorce/dissolution/legal separation also impacts beneficiary designation on an OPERS retirement account prior to retirement.
For more information, see the OPERS Domestic Relations leaflet; the Division of Property Order form; and the OPERS Authorization: Release of Account Information form.
Betsy Butler
Betsy Butler is the Ohio Public Employees Retirement System’s knowledge and issues strategist, researching information on pensions, retirement and health care. Betsy came to OPERS in 2009 after working as a special collections librarian for two OPERS employers: the Ohio History Connection and Miami University.
I can testify this is true. I became a gray divorce victim as a State Republican Law Maker.
It is very difficult for a single retired woman in this situation. My job was the reason for the dissolution. A young woman was paid by the unions to break up our marriage. This was told to me by the young woman herself.
Another reason you can’t trust either party for torture you and your families go through without any compensation.
And then we hear out retirement monies are being shortened and non promise of security for healthcare without us paying.
I sure hope a retirees OPERS account never is considered marital property if a retiree marries after they retire.
Christopher,
You can find additional information about life events on OPERS.org select Life Events from the main page.
Thanks, MS
Get a good lawyer and fight this discrimination. Would love to see the numbers on men paying alimony vs women paying alimony. Wanna guess who is paying more often?
In 1992 OPERs released my retirement information to spouse without my written consent. I was able to negotiate an agreement to get him off my retirement. If he took the retirement, I would be on welfare as I was not eligible for Social Security benefits since I had a State Pension.
My ex spouse used wording in separation agreement to terminate my benefit as alternate payee because their were conficting information between DOPO and separation agreement. I was told by OPERS at the time it was marital property and the DOPO was legal document to be followed. My divorce decree states that plan participant cannot interfere with this document. We were married 28 years and 26 of those years we contributed more money to his plan. The separation agreement stated he was to request DOPO for dollar amount and 9 years but OPERS told him he could not do that. Now judge says I agreed to this and the conflict between meant they go by separation agreement even though I new nothing about how retirement benefits are distributed. The judge allowed my ex spouse to get away with stopping my benefits, I thought the court would see that he was taking away my portion of marital property so now I am 61 and have to continue working while he has been retired for 11 years. He manipulated me and the mediator because that wording was supposed to be taken out. This benefit is supposed to be for life and now I am stuck without the money I needed to retire.
After divorece, is my wife still entitled to a portion of my retirement if she remarries? She currently receives a portion today, but she got remarried over a year ago.
Steve,
There is related information on page 7 of our Domestic Relations leaflet. If you have further questions, contact OPERS Member Services at 800-222-7377.
Does a Legal Separation under ORC 3105.17 allow a dependent spouse to stay covered under the participant’s medical coverage?
OPERS does not provide group medical coverage. Please contact the medical coverage carrier to determine the impact of legal separation on the spouse’s coverage.
I am still legally married but we separated 20 yrs ago after 26 yrs together.I’m collecting ss and was told he could be on my ss,but his pers is a lot more then my 1200.00 a month so he can’t.shouldn’t I be able to do the same?
Please contact Social Security at 1-800-772-1213 for information about your Social Security benefits. For information about your OPERS benefits please call 1-800-222-7377.
I was married for 5 years to an Opers member, we divorce, But I
never re married. He was still working, but he just die this past month. He did, said to me that Im intitle to his retirement pension.
How. an I find out. I live on S.S.
Milagros,
Please call us at 1-800-222-7377, and someone will help you.
I am currently paying former spouse 17.8 percent of my monthly OPERS pension per court order for marital DOPO, It was a 6.6 year second marriage, no children from that marriage. I have satisfied the amount of JE of $214,000. I am still paying $1,185 each month. I thought the terms of DOPO were once I satisfied her marital portion of my retirement pension value, her payment rec’d would be terminated. Or does she receive the amount until one of us passes?
Nick, In general a DPO remains in effect until the death of the OPERS recipient, the death of the alternate payee, or the termination of benefits whichever occurs earlier. A DPO may also be terminated when, OPERS receives a court order stating the DPO is set aside, vacated, or terminated. OPERS does not track the payments made to an alternate payee for the purpose of determining when the DPO should be terminated. For more general information you may view the Domestic Relations leaflet by copying and pasting the following link into your browser: https://www.opers.org/pubs-archive/leaflets/ISL-O-Domestic-Relations.pdf Thank you, OPERS