Divorce/QDRO

In general, a member’s benefits may not be assigned to, or attached by, a third party except in limited circumstances. A member may assign all or a portion of his or her benefits pursuant to a domestic relations order that meets the requirements of a qualified domestic relations order (QDRO) within the meaning of section 414(p) of the Internal Revenue Code of 1986.

NHRS members or retirees who are considering or proceeding in divorce should seek the advice of independent legal counsel relative to the impact of these proceedings on their NHRS benefits.

Use of this form strongly recommended and will assure that the benefit choices selected are permissible by NHRS. Members and retirees may submit custom drafted forms or may include the terms of the DRO in the divorce decree and/or settlement agreement. However, NHRS reserves to right to reject any DRO that provides for a form of benefit not otherwise available under the plan or does not comply with administrative procedures.

For any questions regarding the NHRS process regarding DRO’s and the qualification process please contact us at qdro@nhrs.org. Please note that NHRS Legal and Member Benefits teams are not able to assist in drafting DRO’s with any parties and can only review submissions for qualification purposes.  

NHRS QDRO Templates and Instructions

Fillable QDRO Template – Member Retired on Date

Fillable QDRO Template – Member Not Retired on Date of Order

Additional information

Frequently Asked Questions about Divorce/QDRO