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Dividing Colorado PERA Accounts in a Divorce Case


Summary:  Colorado PERA retirement accounts can be tricky when dividing them in a divorce case. Like all government plans, the plan procedures and requirements must be followed. PERA is notorious for refusing to honor any court order if more than 90 days has passed the date of the decree.


Dividing Colorado PERA Retirement Accounts With a DRO

Like most government retirement plans, the Colorado PERA retirement plans are unique as to the procedures which must be followed in order to divide those accounts pursuant to a divorce decree.

Colorado PERA is unique because it will not accept a court order (called a DRO) which attempts to divide a PERA account if more than 90 days has passed since the date of the divorce decree.

Even though certain PERA restrictions and requirements may appear to be unfair, those rules and regulations have been upheld by the higher Colorado courts.

In other words, the requirements and restrictions of government plans must be closely followed and respected.

So, this means that you and your attorney have to be on the ball if you are going to divide a PERA plan with a divorce court order.

Otherwise, the privilege of dividing a PERA retirement plan may be lost.

Our PERA fee is still $275.

GIF The material on this web site is for informational purposes only. This law firm practices only in Colorado. An attorney-client relationship is established only when an agreement as to the scope of representation and fees has been signed and a retainer paid. Colorado law may consider these web site materials to be attorney advertising. GIF
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