PERS in a Nevada Divorce

Divorcing parties with a Nevada PERS pension benefit should carefully look at their rights and the best way to divide the pension. Often, this is an afterthought as the parties simply agree to divide the asset “equally”. There is very specific case law in place that governs what takes place relative to the “survivor benefit.” I urge my clients to be aware of their pension and for the spouse that is not the named plan member, to be aware of the survivor benefit. Good information is available from NV PERS. A Qualified Domestic Relations Order (called a “QDRO”) will need to be drafted to address the exact requirements of the pension plan administrator and all the little terms that govern exactly how the pension will be divided.

Kimberly Surratt served for eight years on the executive council and has been the vice chair and then chair of the State Bar of Nevada Family Law Section. In addition, she is the President-Elect of the Nevada Justice Association and the chair of the domestic lobbying committee. She has lobbied with the Nevada Justice Association since 2004.

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