F-Law

Retirement division · NRS 125.155 / 286.6703

Retirement division

Community and alternate-payee share by the Nevada time rule (or DC tracing), with the correct order document routed by plan type and every result cited to authority.

Plan type
Monthly benefit
Service months (marriage)
Total service months
Alternate payee share (%)
The community and alternate-payee share, order type, and authority appear here.

Practitioner notes

Routing & valuation

Which order applies to each plan?
Private ERISA plans use a QDRO; Nevada PERS uses a PERS-compliant DRO under NRS 286.6703; military uses a USFSPA order; federal civil service uses a COAP (ERISA language causes OPM rejection); the TSP uses an RBCO; and an IRA is divided by a transfer incident to divorce under IRC 408(d)(6), not a QDRO.
How does PERS valuation differ from a private pension?
NRS 125.155 requires a frozen-at-divorce valuation for Nevada PERS and the Judicial Retirement Plan - excluding post-divorce raises and promotions - unlike the Gemma/Fondi wait-and-see rule that governs private defined-benefit plans.
Are survivor benefits automatic?
No. Under Henson v. Henson and NRS 125.155(3), survivor benefits must be expressly set forth in the order. Omitting survivor coverage is the most common and costly drafting failure; the tool flags it every time.

Informational, not legal advice. An order must be reviewed by counsel and accepted by the plan administrator. Authorities: NRS 125.150, 125.155, 286.6703; 29 U.S.C. 1056(d)(3); 10 U.S.C. 1408; Gemma v. Gemma; Fondi v. Fondi; Henson v. Henson.