Pension Sense blog | August 11, 2026 | Melissa Jones-Ferguson

To say divorce is hard is an understatement. It’s life-altering.

And while the divorce rate in the United States has dropped in recent decades, research indicates that the rate is at a record high for those born between 1946 and 1964—with 1 in 4 divorces being among those age 65 or older. In other words, prime retirement age for so many Americans.

Can divorce affect a CalSTRS retirement benefit?

Yes. If you have been or are currently going through a divorce, legal separation or termination of a registered domestic partnership, your current or former spouse or registered domestic partner may be entitled to part of your CalSTRS retirement benefits.

In California, these benefits are considered community property, all the assets and debts acquired by either spouse during your marriage. Even if a member’s benefits are separate property, a California Family Law Court has jurisdiction to make CalSTRS benefits payable to a former spouse in certain situations.

With proper documentation, CalSTRS can work with you and your former spouse or registered domestic partner, and your legal representatives, to resolve community property issues involving your pension.

Before dividing your account or requiring CalSTRS to pay part of your retirement benefit to your former spouse or registered domestic partner, you must provide CalSTRS with a certified copy of an acceptable order of division as required by the Teachers’ Retirement Law, which is part of the California Education Code.

Your court order may address CalSTRS benefits and might specify that your former spouse or registered domestic partner is entitled to a share of each of your accounts and benefits, including death benefits. Your account or payment may be divided or acknowledged as your separate property.

One-time death benefit

Divorce, legal separation or termination of a registered domestic partnership may also invalidate the one-time death benefit designation naming your former spouse or partner.

Be sure to update your designation and ensure your current election wishes are on file with CalSTRS, using the Recipient Designation form.

If you choose to have your former spouse as your one-time death benefit recipient, and your dissolution or termination occurred after December 31, 2001, you must submit a new Recipient Designation form after your marital termination date and indicate the proper relationship status.

If you think your former spouse may be entitled to a community property share of your benefits, you can submit your judgment of dissolution and marital settlement agreement (if you have one) to the CalSTRS Community Property office for review.  For fast and secure document uploading, use CalSTRS Community Property Secure Document Portal.

What’s next?

Members who are going through or considering a divorce or legal separation or are considering ending a registered domestic partnership are encouraged to review the Community Property Guide to get information on how it might affect their benefits.

You may need to refer to your judgment or settlement agreement or contact a legal professional for help.

Remember that CalSTRS cannot give you legal advice. However, we can be a resource during times of transition.