FRS Pension Division in a Florida Divorce

FRS Is Not an ERISA Plan

The Florida Retirement System is a state-administered public pension system exempt from ERISA. This matters because the standard QDRO process that applies to private employer plans (401(k), 403(b), corporate pensions) does not apply to FRS benefits. FRS has its own procedures, its own model language, and its own review offices.

If your attorney or QDRO preparer submits a standard ERISA-style QDRO to the Division of Retirement, it will be rejected. FRS requires a Domestic Relations Order (DRO) — not a QDRO — that follows its specific requirements under Florida Statutes Chapter 121.

Two Plans, Two Processes

FRS members participate in one of two plans, and each has a separate division process:

FRS Pension Plan (Defined Benefit): The traditional pension that pays monthly retirement income. Administered directly by the Division of Retirement in Tallahassee. Division requires a Retirement-Division DRO plus an Income Deduction Order (IDO).

FRS Investment Plan (Defined Contribution): Operates more like a 401(k), with individual account balances. Recordkept by Voya through the FRS Investment Plan Qualified Order Center. Division requires a Qualified Domestic Relations Order submitted through Voya's process.

If the FRS member participated in both plans at different points in their career, or switched plans under the "second election" window, you may need to file separate orders for each.

Dividing the FRS Pension Plan

The marital share of a Pension Plan benefit is typically calculated using the coverture fraction: the number of years of creditable service earned during the marriage, divided by the total years of creditable service at retirement. That fraction is applied to the monthly benefit.

The Division of Retirement provides model DRO language that must be used — or closely followed — for the order to be approved. You can request these materials by contacting the Division of Retirement's Legal Office in Tallahassee.

The process:

1. Draft the DRO using the Division's model language, specifying the formula for calculating the non-member spouse's share.
2. Submit the draft to the Division of Retirement's Legal Office for pre-approval. The Division reviews whether the language complies with Chapter 121 and the plan's administrative rules.
3. Get the judge's signature once the Division approves the draft.
4. Send the certified signed order to the Division for final processing.

Pre-approval review typically takes 30 to 60 days. Do not skip this step — submitting an unapproved order to the court and then to the Division risks rejection and a second round of court filings.

The DRO can award benefits as a percentage of the monthly benefit or as a fixed dollar amount. The Division pays the non-member spouse directly once the member retires and begins receiving benefits. If the member has already retired, payments to the non-member spouse begin after the order is processed.

Dividing the FRS Investment Plan

The Investment Plan division runs through Voya's Qualified Order Center, not through the Division of Retirement. The process is closer to a standard QDRO, since the Investment Plan has an individual account balance rather than a monthly pension formula.

1. Draft the order using the Investment Plan's model language, available through Voya or the FRS website.
2. Submit the draft to Voya's Qualified Order Center for pre-approval.
3. Get the judge's signature after pre-approval.
4. Submit the certified order to Voya for execution of the account split.

Once processed, the non-member spouse receives a separate FRS Investment Plan account with their awarded share. They can manage the investments independently or roll the funds into an IRA.

DROP Accounts

If the FRS member participated in the Deferred Retirement Option Program (DROP), the accumulated DROP balance is also subject to division. The accumulated DROP balance is a distinct marital asset, and the DRO should specifically address it.

Common Mistakes

Using private-plan QDRO language for FRS. A standard private-plan QDRO does not satisfy the FRS process. Use the FRS-specific model forms.

Failing to get pre-approval. Submitting a signed order to the Division without prior review wastes months — the Division sends it back for corrections, the judge has to sign a new version, and the process restarts.

Ignoring the Investment Plan. Members who switched from the Pension Plan to the Investment Plan during their career may have benefits in both. A DRO covering only the Pension Plan leaves the Investment Plan balance undivided.

The Florida After-Divorce Checklist includes a retirement division workflow covering both FRS plans, with the pre-approval submission steps, Division of Retirement contact details, and the Voya Qualified Order Center process.

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