Get Fers Divorce Order Form 2007-2026

A general rule of thumb when it comes to splitting pensions in divorce is that a spouse will receive half of what was earned during the marriage. However, this depends on each state's laws governing this subject.

Use Standard Form (SF) 2801, Application for Immediate Retirement, to apply for an immediate annuity. You can obtain the form from your employing agency or from the Office of Personnel Management (OPM) website. Submitting the Application. Submit the completed application to your employing agency.

Generally, your former spouse's community property interest may be up to 50 percent of your pension benefit. We won't release pension benefits to you or your former spouse until the community property claim is resolved. For retirees: One-half of your monthly allowance is held until the claim is resolved.

In most cases, the money promised by a pension is treated as marital property in a divorce. If a spouse was vested in a pension program when the couple married, those funds may be considered separate property. This means they would not be included in the division of assets.

Under the Federal Employees Retirement System (FERS), the maximum is 50 percent. For example, if the court awarded your former spouse a benefit equal to 35 percent of your CSRS annuity, then your husband or wife could only receive a benefit equal to 20 percent.

How Is FERS Divided? Monthly FERS payments can be either partially or fully marital, which means they are subject to division during a divorce. The amount of time during which the employee's federal service overlapped with their marriage is the main determining factor.

You must notify OPM in writing within two years of the date the marriage ended. You should include a court-certified copy of the decree effecting the dissolution of the marriage, and any property or marital settlement agreement. Send this information to OPM.