In a Federal Civil Service divorce, OPM permits the court to order that the Former Spouse Survivor Annuity premium shall be paid from the retirement annuity of either the Employee or Former Spouse. If the court order is silent on the subject, OPM will deduct the premium from the Employee’s share of the retirement annuity. Depending on the level of Former Spouse Survivor Annuity coverage ordered, the premium can be as high as 10% of the Employee’s aggregate retirement annuity. So, who pays the premium is not a trivial matter.
Author Jim Cramp is a retired active duty colonel and the founder and principal attorney at the Cramp Law Firm, PLLC. The firm provides a spectrum of family law-related services to clients in the greater San Antonio region, across the United States and throughout the world. The firm specializes in Federal Civil Service and Military Divorce matters. The firms also provides Wills and Estates and Probate services.