Dividing SCRS and PORS State Retirement in a South Carolina Divorce

Reviewed by Carrie Warner, Attorney at Law, SC Bar No. 72836 · Last reviewed November 2, 2026

Yes, a South Carolina Retirement System (SCRS) or Police Officers Retirement System (PORS) pension earned during the marriage can be divided in a divorce. Because these are state government plans, they are not governed by ERISA, the federal law behind ordinary QDROs. The family court divides them with a special order that must meet South Carolina’s own retirement statute and the rules of PEBA, the agency that runs the systems.

Why State Retirement Is Different From a 401(k)

Most private employer plans follow the federal Employee Retirement Income Security Act (ERISA). Government plans, including SCRS and PORS, are exempt from ERISA. That means the federal QDRO rules you may read about online do not control how a state pension is split.

Instead, South Carolina has its own law for dividing state retirement benefits, found in S.C. Code § 9-18-10 and the sections after it. The South Carolina Public Employee Benefit Authority (PEBA) administers SCRS and PORS and decides whether an order meets those requirements. PEBA calls the order a qualified domestic relations order, but it is reviewed under the state statute, not ERISA. For background on how private plans are handled, see our article on QDROs in South Carolina divorce.

Is the Pension Marital Property?

South Carolina divides marital property by equitable apportionment, not by an automatic 50/50 rule. The portion of a pension earned during the marriage is generally marital property, while benefits earned before the marriage are generally nonmarital. Vested retirement benefits are one of the factors the court weighs under S.C. Code § 20-3-620.

One common way to measure the marital share of a pension is a fraction: the months of service earned during the marriage compared with total months of service at retirement. Parties can also agree on a fixed dollar amount or a set percentage. Your settlement or decree should say clearly which method applies, because PEBA will follow the order’s words.

What the State Retirement Order Must Include

A divorce decree alone is generally not enough for PEBA to pay a former spouse. A separate order is usually needed. Under S.C. Code § 9-18-20, an order generally must:

• Clearly name the specific retirement system it applies to, such as SCRS or PORS. PEBA’s model order notes that a general reference to “the South Carolina Retirement Systems” is not acceptable.
• Identify the member and the alternate payee (the former spouse who will receive a share), with names, Social Security numbers and mailing addresses.
• State the date of the marriage.
• Clearly state the amount or percentage of each benefit to be paid to the alternate payee.
• State the number of payments or the period the order covers.
• Say whether the alternate payee shares in cost-of-living or benefit adjustments.

PEBA publishes a model order and drafting guidelines. If a member has service in more than one system, PEBA advises a separate order for each plan, because benefits are paid separately.

What the Order Cannot Do

The statute also limits what a state retirement order can require. In general, an order cannot require the system to:

• Provide a benefit or option the plan does not otherwise offer.
• Give the former spouse their own choice of payment options.
• Pay the former spouse before the member retires (or, for a refund, before the member requests one).
• Let the former spouse name their own beneficiary for the share.

This is a key difference from some private plans. With SCRS and PORS, the former spouse generally waits until the member starts receiving benefits. If the member retires early, PEBA’s model order notes the former spouse’s share is generally reduced proportionally unless a fixed dollar amount was awarded.

Survivor Benefits: A Common Trap

When an SCRS or PORS member retires, they choose a payment option. Some options (PEBA calls them Option B and Option C) pay a monthly survivor benefit to a named beneficiary after the retiree dies. PEBA’s model order states that this optional survivorship benefit is not divisible by a domestic relations order.

That means a former spouse’s share of the monthly pension may stop when the retiree dies, unless other protections are built into the settlement. Ways parties sometimes address this include:

• Life insurance on the member, with the former spouse as beneficiary. See life insurance requirements in a South Carolina divorce.
• An agreement about how the member will elect a payment option at retirement, where the plan’s rules allow it.
• Offsetting the pension against other marital assets, so the former spouse receives property now instead of a future pension share.

Ask your attorney which options fit your situation, because the right approach depends on ages, health and the other assets in the marriage.

If the Member Has Already Retired

Divorce does not automatically change a retiree’s beneficiary. PEBA’s retiree guidance says a retired member may be able to change the form of monthly benefit after a qualifying event such as divorce, but the request must be made within five years of the event, and the form of payment can be changed no more than twice. Beneficiary changes for retirees are made on PEBA forms. Check with PEBA before relying on any change, and make sure the divorce decree addresses who will make which election.

The State Optional Retirement Program (ORP) and Other PEBA Plans

Not every state employee is in SCRS. Some chose the State Optional Retirement Program (ORP), which is a defined contribution plan. Instead of a pension formula, the ORP holds an individual account invested with a service provider, more like a 401(k). Many employees also have a South Carolina Deferred Compensation Program account.

These accounts are valued differently from a pension, and the order requirements may differ from the SCRS and PORS model. Before the decree is final, ask PEBA and the account’s service provider what kind of order they will accept and how they handle the division. Our guide to dividing 401(k)s, pensions and IRAs explains how account-based plans are usually split.

Steps to Divide an SCRS or PORS Pension

1. Gather records. Get the member’s annual benefit statement, service credit history and the date the member joined the system. Note any purchased service credit.
2. Identify every plan. List SCRS, PORS, ORP and deferred compensation accounts separately.
3. Agree on or ask the court for a division method. Decide between a fraction, a percentage or a fixed amount, and whether the former spouse shares in benefit adjustments.
4. Address survivor protection. Because the optional survivorship benefit cannot be divided by order, decide whether life insurance or another arrangement is needed.
5. Draft the order using PEBA’s model and guidelines. Ask PEBA whether it will review a draft before the judge signs it.
6. Have the judge sign the order and send a certified copy to PEBA. PEBA’s model order includes language keeping the court’s power to amend the order if PEBA cannot administer it.
7. Follow up. Confirm in writing that PEBA has accepted the order, and keep your address current with PEBA.

Under S.C. Code § 9-18-30, while PEBA is deciding whether an order qualifies, it separately accounts for amounts that would go to the alternate payee. If the question is not resolved within 18 months of PEBA receiving the order, those amounts may be paid to the person who would have received them without the order. That is one reason not to let an order sit unfinished.

Where This Fits in Your Divorce

The retirement order is usually prepared alongside the marital settlement agreement and entered with or soon after the final decree. For an overview of every stage of the case, start at the South Carolina Divorce Guide.

Frequently Asked Questions

Is an SCRS or PORS pension divided with a QDRO?

PEBA uses the term qualified domestic relations order, but these plans are not ERISA plans. The order must meet South Carolina’s own statute, S.C. Code § 9-18-10 and following, and PEBA’s requirements.

When does a former spouse start receiving pension payments?

Generally not before the member retires or requests a refund of contributions. The statute does not allow an order to require payment to the alternate payee before the member’s retirement.

Can a former spouse receive the SCRS or PORS survivor benefit?

PEBA’s model order states that the optional survivorship benefit under Option B or Option C is not divisible by a domestic relations order. Parties often look at life insurance or other arrangements instead.

Does my decree alone divide the pension?

Usually not. PEBA generally needs a separate order that names the specific plan and states the amount or percentage to be paid.

What about the State ORP or deferred compensation accounts?

Those are account-based plans with their own rules. Ask PEBA and the service provider what type of order they accept before the divorce is finalized.

Sources

• S.C. Code Title 9, Chapter 18 (Domestic relations orders for state retirement systems)
• S.C. Code Title 20, Chapter 3 (Divorce; equitable apportionment)
• PEBA Model Qualified Domestic Relations Order for the South Carolina Retirement Systems
• PEBA Retirees frequently asked questions