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Understanding Ohio STRS and SERS in Divorce: A Guide for Teachers and Public Employees

  • Writer: Hoffman Law
    Hoffman Law
  • Jul 11
  • 3 min read

Dividing retirement assets is one of the most important — and complicated — parts of any divorce. For teachers and public employees in Ohio, pensions through the State Teachers Retirement System (STRS) and the School Employees Retirement System (SERS) can be substantial. Understanding how these retirement plans are treated in divorce is essential for protecting your financial future. Here’s what you need to know.


What Are STRS and SERS?


Ohio public employees do not contribute to Social Security. Instead, many are enrolled in STRS (for licensed educators) or SERS (for non-teaching school employees such as bus drivers, custodians, and aides). These systems are defined benefit pension plans — meaning monthly benefits are calculated based on years of service and final average salary. These pensions can be one of the largest marital assets in a divorce.


Are STRS and SERS Benefits Considered Marital Property?

Yes — any portion of a pension earned during the marriage is considered marital property in Ohio and subject to equitable division. Even if the employee spouse is not yet retired or receiving benefits, the other spouse may still be entitled to a share. However, only the benefits earned during the marriage are divisible. Service time and contributions made before or after the marriage are considered separate property and not subject to division.


How Are These Pensions Divided?


STRS and SERS pensions are divided using a Division of Property Order (DOPO) — not a QDRO (which is used for private retirement plans under federal law). A DOPO is a court order approved by the pension system that directs it to pay a portion of the pension directly to the non-employee spouse. This can be done either as a percentage of the benefit or as a fixed monthly amount.


Key points:


  • The DOPO only becomes effective once benefits are payable.

  • The non-member spouse cannot begin receiving their share until the member retires.

  • STRS and SERS do not allow for early withdrawal or lump sum payouts of defined benefit pensions.


What About Disability Benefits?


Disability retirement under STRS or SERS is not treated the same as regular pension benefits. Courts generally consider these benefits to be the separate property of the disabled spouse, but some cases allow partial division if the benefits replace retirement income. This area is legally nuanced and requires case-specific analysis.


What If the Employee Has a Defined Contribution Plan?


In addition to (or instead of) a pension, some STRS or SERS participants choose to contribute to a Defined Contribution (DC) plan, which functions more like a 401(k). These accounts can be divided more easily, and often do require a QDRO, depending on the plan administrator. These distinctions must be clarified during the divorce process.


Will I Lose My Pension If I Get Divorced?


No — the member spouse will not lose their entire pension. Only the marital portion (i.e., the amount earned during the marriage) is subject to division, and the court will determine what share, if any, the non-member spouse receives. Also, DOPOs do not affect the ability to continue working or delay retirement. They only apply once benefits are paid out.


Should You Get a Pension Valuation?


Absolutely. STRS and SERS pensions can be difficult to value without actuarial assistance — especially when the employee is not yet retired. A pension valuation expert can calculate the present value of the marital portion, which may help the parties reach a fair settlement, especially if one spouse wants to keep their full pension in exchange for other assets.


Work with an Attorney Who Understands STRS and SERS


Because STRS and SERS have unique rules and are not subject to federal ERISA regulations, it’s crucial to work with a divorce attorney experienced in Ohio public pension law. An incorrect or incomplete DOPO can result in costly delays, errors, or a complete loss of benefits for the alternate payee.


Conclusion


If you or your spouse is a public employee in Ohio, dividing STRS or SERS benefits is a critical part of the divorce process. Understanding what’s marital, how DOPOs work, and what options are available will help you make informed decisions. At Hoffman Law, we regularly work with teachers and public employees across Columbus and central Ohio. We can help ensure your retirement benefits are valued properly and divided fairly

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