Can my soon-to-be ex-spouse waive any claim to my FERS annuity?

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I took optional retirement in 2015 and have been collecting. I will be filing for divorce early in 2020. We’re trying to be cordial and only retain the services of an attorney to draw up the final documents. From comments here, I believe that he can waive any claim to my annuity, but he has bar stool lawyers telling him it’s not up to him – it’s mandated by law.

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Asked on December 30, 2019 7:08 pm
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When you retired, did you elect a survivor benefit for him or did he waive his rights to that benefit?

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Answered on December 30, 2019 7:25 pm
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We took 25%

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Answered on December 30, 2019 9:23 pm
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We took 25%

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Answered on December 30, 2019 9:23 pm
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Absolutely you can agree to no survivor annuity. When the divorce is final you will a copy of the decree to OPM and they will cease taking the 5% cost from your pension.

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Answered on December 31, 2019 2:08 pm
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So here’s a crazier question. Is there a way for him to waive claim while I’m alive but still get the survivor’s benefit if I die? I’m not worried about the 5%. We’re just agreeing that he won’t take any portion of my pension after the divorce. There isn’t much there to begin with, so half barely leaves me enough to cover my health benefits.

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Answered on December 31, 2019 2:38 pm
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So here’s a crazier question. Is there a way for him to waive claim while I’m alive but still get the survivor’s benefit if I die? I’m not worried about the 5%. We’re just agreeing that he won’t take any portion of my pension after the divorce. There isn’t much there to begin with, so half barely leaves me enough to cover my health benefits.

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Posted by (Questions: 1, Answers: 9)
Answered on December 31, 2019 2:38 pm
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So here’s a crazier question. Is there a way for him to waive claim while I’m alive but still get the survivor’s benefit if I die? I’m not worried about the 5%. We’re just agreeing that he won’t take any portion of my pension after the divorce. There isn’t much there to begin with, so half barely leaves me enough to cover my health benefits.

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Posted by (Questions: 1, Answers: 9)
Answered on December 31, 2019 2:38 pm
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Private answer

So here’s a crazier question. Is there a way for him to waive claim while I’m alive but still get the survivor’s benefit if I die? I’m not worried about the 5%. We’re just agreeing that he won’t take any portion of my pension after the divorce. There isn’t much there to begin with, so half barely leaves me enough to cover my health benefits.

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Posted by (Questions: 1, Answers: 9)
Answered on December 31, 2019 2:38 pm
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Private answer

So here’s a crazier question. Is there a way for him to waive claim while I’m alive but still get the survivor’s benefit if I die? I’m not worried about the 5%. We’re just agreeing that he won’t take any portion of my pension after the divorce. There isn’t much there to begin with, so half barely leaves me enough to cover my health benefits.

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Posted by (Questions: 1, Answers: 9)
Answered on December 31, 2019 2:38 pm
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Yes, taking your pension while you are living is called an apportionment. He can be awarded the survivor benefit without receiving an apportionment. Everything must be clear in the decree.

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Answered on December 31, 2019 2:46 pm
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That’s great news! Thank you!

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Answered on December 31, 2019 2:49 pm
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That’s great news! Thank you!

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Posted by (Questions: 1, Answers: 9)
Answered on December 31, 2019 2:49 pm