Federal Civil Service Divorce FAQ

In divorce, a State court order CAN:

Divide a Federal employee’s retirement annuity (“pension”)— whether the employee is covered under the Civil Service Retirement System (CSRS) or Federal Employees Retirement System (FERS).
Ensure that any military service time that overlapped the marriage gets factored into the former spouse’s share of a CSRS or FERS annuity BUT ONLY IF the Federal employee applies for the military service credit.
Divide a Federal employee’s disability retirement annuity.
Order that annuity payments continue to be paid to the former spouse’s estate should the former spouse die first.
Divide any potential refund of the employee’s CSRS or FERS retirement contributions (i.e. payroll deductions).
Order a former spouse survivor annuity (FSSA) to provide income security after the death of the employee.
Divide the employee’s Thrift Savings Plan retirement savings.
Order a freeze on the Thrift Savings Plan (TSP). A freeze ensures the employee cannot interfere with the court’s ability to divide TSP by preventing the employee from making withdrawals or taking out loans until further order of the court.
Facilitate a former spouse’s continued coverage under the Federal Employees Health Benefit Program (FEHBP).
Order an employee to cover eligible children under FEHBP.
Order an employee to make an irrevocable assignment of the employee’s Federal Employees Group Life Insurance (FEGLI) coverage to a former spouse or Trust to include FEGLI basic coverage plus all options selected (other than Option C).

In divorce, a State court order CANNOT:

Take away any share of the employee’s CSRS or FERS annuity that was earned before marriage.
Divide a CSRS or FERS annuity using the same language and procedures that govern private employer retirement plans.
Divide TSP using the same language and procedures that govern private employer retirement plans.
Order a former spouse survivor annuity (FSSA) if the maximum possible benefit was awarded to another former spouse in a prior divorce.
Order an employee to make a specific beneficiary designation on the employee’s Federal Employeees Group Life Insurance (FEGLI) policy
Order an employee to make a “split or partial assignment” of FEGLI basic coverage and all options selected (other than Option C).
Order Federal Employees Dental and Vision Insurance Program (FEDVIP) benefits for a former spouse.
Order Federal Long Term Care Insurance Program (FLTCIP) benefits for a former spouse.

For a more in-depth discussion of these and other subjects, please refer back to the 15 key issues in the table of contents by clicking on Federal Civil Service Divorce.