Invalidation of Pre-Divorce Spousal Designations – October 19, 2012

On July 1st, 2012, a new Florida law (section 732.703) took effect that, in most cases, invalidates the designation of a spouse as a beneficiary following a divorce. For example, if, while you were married, you designated your spouse as your beneficiary, that designation will most likely be automatically invalidated following a divorce from that spouse. This would apply whether you are an active employee or retired. However, there are two ways to maintain your ex- spouse as your beneficiary following a divorce, should you desire to do so. They are:

1. There is a court order requiring you to keep your ex-spouse as your joint annuitant or beneficiary. This should be clearly stated in your final divorce agreement, as accepted by the court granting the divorce.

2. Following the effective date of your divorce, you may file a new designation with the Retirement System naming your ex-spouse as your beneficiary. Any such designation of a former spouse that occurs after the date of divorce will be valid.

In any event, we recommend that you notify the Retirement System staff (phone: 954-782-4161) before you finalize any divorce agreement so that your benefit and beneficiary options can be properly reviewed with you. Then, following the divorce, you should again review your beneficiary designation to determine if you need to submit a change.

If you want more detailed information, please link on the appropriate link below depending on whether you are an active member, retired or participating in the DROP.

Active Members

Retired or DROP Members

NOTE: If a person decides to appeal any decision made by this Board with respect to any matter considered at this meeting or hearing, he will need a record of the proceedings and, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.

This meeting may be conducted by means of or in conjunction with communications media technology, specifically a telephone conference call. The above location, which is ordinarily open to the public, shall serve as an access point. Persons wishing to attend should appear at the access point, where telephonic access to the meeting point will be provided.

In accordance with the Americans With Disabilities Act of 1990, persons needing special accommodation to participate in this proceeding should contact Debra Tocarchick, Executive Director, no later than seven (7) days prior to the proceeding. For assistance, telephone (954) 782-4161; if hearing impaired, telephone the Florida Relay Service Numbers, (800) 955-8771 (TDD) or (800) 955-8770 (Voice).

Updated: Thursday April 10, 2014