FERS divorce decree calculation

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Is my spouse entitled to a portion of my entire annuity, or only a portion of my annuity corresponding to the time we were married? I continued working for the FAA after our separation but was told all that time counts toward the annuity calculation (as well as my military time prior to our marriage) for my spouse in our divorce decree – this doesn’t make sense to me. Please explain!

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Asked on October 4, 2018 2:52 pm
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Private answer

Your retirement will be divided based on the court document provided to OPM. Here is information previously posted on this topic from FEDweek. A court order related to a divorce or separation can divide your annuity, or divide a refund of your retirement contributions made when you leave federal service before retirement.
It can also permit your ex-spouse to continue health insurance coverage, require you to assign your life insurance, garnishee your annuity to pay alimony, child support, in cases involving child abuse, or for Chapter 13 bankruptcy – or require certain distributions from your Thrift Savings Plan account.
However, this is an especially tricky area of federal employment policy because of the relationship between federal and state law and the “spouse equity” provisions in federal law.
Because federal employment matters are governed by federal law, standard court orders used to divide private sector pension plans may not be valid under the Civil Service Retirement System or the Federal Employees Retirement System.
And state court orders cannot affect several types of benefits payable under CSRS and FERS.

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Answered on October 4, 2018 3:15 pm
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Is the retired federal employee responsible to pay the federal taxes on ex spouse’s portion of court ordered portion of pension/fers supplement received by ex?

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Answered on August 30, 2019 12:43 pm
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No, each is responsible for their own taxes and each receives a separate 1099 at the end of each year.

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Answered on August 30, 2019 1:07 pm