Does ex-spouse have claim on my FERS annuity based on Military Deposit?

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I entered Active Duty Military in 1982 while married and then divorced (California) in 1991. The decree awards her a percentage of “military retirement”. I separated (not retired) from the Air Force service in 1996, entered Civil service in 1998 and have paid my military deposit. am planning to retire in 2020 under FERS. My question is will my ex-spouse be entitled to a portion of my annuity?

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Asked on October 8, 2019 4:22 pm
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First and foremost, please consider this a legal disclaimer to seek counsel as you are dealing with California which is a community property state. Having said that, you were married 9 of the years you served our country and in the divorce decree she was awarded half of your retired military pay. However, based on your statements and question above, you are not eligible for retired military pay, therefore, there is nothing to divide. You entered civilian service in 1998 after the marriage ended and made a military service deposit with separate property funds to have that time count towards your FERS retirement. Since the deposit was made with your separate property she should not be entitled under California’s community property law to any of your FERS. If you look at the FERS Immediate Retirement Application, Section C Question #2 asks: Do you have a living former spouse(s) to whom a court order gives a survivor annuity or a portion of your retirement benefits based on your Federal employment? The answer to that question is NO‚Ķthe divorce decree did not award her a portion of your federal civilian retirement as you were not married to her at any of the time you were employed. Here is a link to the retirement application: https://www.opm.gov/forms/pdf_fill/sf3107.pdf

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Posted by (Questions: 0, Answers: 536)
Answered on October 8, 2019 8:28 pm